PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a Jail appeal by accused Pratap alias Pratapsingh against the judgment of the learned Sessions Judge, Udaipur dated August 2, 1977 convicting the appellant under s. 302 and 380, I. P. C. and sentencing him to imprisonment for life under the first count and rigorous imprisonment for seven years with a fine of Rs. 300/-, in default of the payment of fine to further under go three months' like imprisonment under the second count.

(2.) PUT briefly, the prosecution case is that the deceased-victim Smt. Ghisi Bai aged about 35 years was living alone in her farm-house situate in her field known as Somtalai in Mauja Chhotisar district Udaipur, The field was cultivated by PWI Limba. In the noon of 6. 12. 76 when Limba was ploughing the field he saw some cattle damaging the standing crop. He cried aloud to ask Mst. Ghisi Bai to come out but for no response. He went to her house and found the door open. He saw Ghisi Bai lying dead in the house with a pool of blood around her. Her feet were found severed and the silver Karas, which she used to wear in her feet, were missing. He immediately informed her son Naharsingh (PW 4), her husband's brother Kesarsingh (PW 3) and other relatives. PW 2 Mansingh went to police station, Delwara and verbally lodged report Ex. P. l there at about 8 00 P. M. on the same day. The police registered a case and proceeded with investigation. The Station House Officer Shri Nisar Ahmed (PW 15) arrived at the field on 7. 12. 76, prepared the inquest report of the victim's dead body and the site plan. The post mortem examination of the victim's dead body was conducted by PW 16 Dr. Navaratan Mal on the spot at about 4. 30 P. M. on 7. 12 76. He found the following injuries : - (1) Both legs cut off at 3" above the ankle joint and lying away from the corpse. (2) Cut wound on the right leg about 1" above the leg about 1-1/2 x 1/2 x muscle deep. (3) Cut wound on the right leg about 1/2" above the cut end of the leg about 1/2" x 1/2" x sking deep. (4) Right hand compound, fractures of 1st, 2nd and 3rd metacarpal bones (5" x 2" x bone deep) cutting across the bones. (5) Left hand-compound fractures of 4th & 5th metacarpal bones cutting across the bones and upto the wrist. (6) Left wrist hanging with the heep of skin and small Flap of Flesh (rest all carpal bones handing along with 1st, 2nd and 3rd metacarpal bones ). (7) Left side of the face cut upto the bones (deep from left nostril to upper part of the left ear (wound about 7" x 2" x bone deep ). (8) Cut wound on the scalp vertically placed 1" above the left ear 2" x l" muscle deep. (9) Cut wound all along the ramus of the left side of mandible (from midline to angle) ( 4-" x 1" bone x deep. (10) Cut wound on the left side of the neck cutting the windpipe on the left side at approximately new tracheal cartilage and below vessels and other strictures of the neck on that side about 6 " x 4". The injuries were ante-mortem and the death was opined to have taken place between 24 to 48 hours before autopsy was performed. The doctor was of the opinion that the cause of death was syncope due to shock caused by haemorrhage and injuries to the blood vessels and trachea. Three persons Dhaniya, Hariya and the accused-appellant Pratapsingh were arrested on 12. 12. 76. In consequence of the information furnished by accused Dhanna, one Dhoti, one Chaddar and an axe were recovered on 16. 12. 76. In consequence of the information furnished by Hariya, one shirt, one Dhoti and a pair of shoes were recovered on that very day. In consequence of the information furnished by accused-appellant Pratapsingh on 12. 12. 76, one sword with sheath and two silver Karas were recovered lying berried in her field situate not far away from the place of occurrence. One Dhoti and a pair of shoes were also recovered on 16. 12. 76 in consequence of the information furnished by him. The test identification of the silver Karas was conducted on 23. 12. 76 by the Munsif and Judicial Magistrate Shri M. C. Garg (PW 5 ). They were correctly identified as that of the deceased-victim by her son, daughter and other witnesses. The seized art. were sent for chemical examination and all of them were found stained with human blood. After when the investigation was over, the police filed a challan against the three accused viz. , Dharma, Hariya and Pratapsingh in the Court of Additional Munsif and Judicial Magistrate, Udaipur, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges under Sec. 302, 302/34, 380 and 404, I. P. C. against them. The accused pleaded not guilty and faced the trial. They claimed absolute innocence and alleged that they were falsely implicated. During trial, the prosecution examined 16 witnesses and filed some documents. In defence, the accused-appellant examined four witnesses to show that on the day of the alleged murder of Smt. Ghisi Bai, priar and subsequent to it he was at Udaipur. On the conclusion of trial, the learned Sessions Judge found on incriminating evidence against accused Dhaniya and Hariya. They were, therefore, acquitted. The learned Sessions Judge found the prosecution case substantially true against the accused appellant. The evidence produced by him in defence was found worthy of no credence and was rejected. Accused-appellant Pratap Singh was consequently convicted and sentenced as mentioned at the very out-set.

(3.) ACCUSED Pratapsingh was arrested on 12. 12. 76 vide arrest memo Ex. P. 17. The Investigating Officer Shri Nisar Ahmed (PW 15) deposed that on 12. 12. 76, accused Pratapsingh gave him the information which he recorded in Ex. P. 23. The information on furnished was that he had buried the sword with sheath and the two silver Karas in his field and that he would got them recovered. This information is admissible in evidence under Section 27 of the Evidence Act. This information was recorded at about 4 00 P. M. while the accused was arrested at 3 00 P. M. The Investigating Officer further stated that after giving the disclosure statement, the accused took him and the Motbirs to his field Mahurawala situate in Mauja Chhotisar. There he dug a pit nearly one Balist (7 or 8 inches) deep and took out a sword with its sheath and a pair of silver Karas (Art. l ). He seized and sealed these articles in separate packets and prepared seizure memo Ex. 20. PW 11 Manoharsingh is the Motbir witness of this recovery. He deposed that on 12. 12. 76, the Investigating Officer called him as a Motbir. The accused-appellant was then in police custody. He took him, the police and the other motbirs to his field Mahudawala. There the accused dug a pit nearly 7 or 8 inches deep and look out a pair of silver Karas (Art. 1) and a sword with sheath. The Investigation Officer seized and sealed these articles in separate packets. Seizure memo Ex P 20 was prepared then and there on which he appended his signatures A to B. The other Motbir Kishan Singh appended his signatures C to D on it The specimen of the seal with which the packets were sealed, was affixed on seizure memo Ex. P. 20. Both these witnesses were cross-examined at some length but nothing could be elicited from them which may make their testimony unworthy of belief or credence. It is true that field from which the silver Karas were recovered is an open place accessable to all and sundry, but that is immaterial in view of the fact that the recovered articles were found lying concealed under the earth. They were not visible to any person till the place of their concealment was dug and they were taken out. Nobody else other then the accused know about their existence they lying buried in the field. In these circumstances, it will be presumed that the accused was in possession of the recovered articles. The accused has given no explanation except denying to have given the information and to have made the recovery in consequence of it. He did not lay his any claim on these recovered articles.