CHHOGA ALIAS CHHOGA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated February 26, 1979 the learned Sessions Judge, Bhilwara has convicted the accused Chhogalal under secs. 302 and 379, I. P. C. and sentenced him of imprisonment for life on the first and two years rigorous imprisonment on the second count. Both these sentences were directed to run concurrently. The accused has come up in appeal to challenge his conviction and sentence.

(2.) SMT. Nandu, the deceased victim in the case, aged about 17 years was the daughter of PW 5 Lalu Chamar of village Dhuwala P. S. Mandal district Bhilwara and was living with him. A few days before the occurrence (January 11, 1978) she was married to Kana Chamar of village Mandal. After marriage SMT. Nandu came to her parents. In the afternoon of January 11, 1978 she went to the accused's house to get a ring prepared from him. Thereafter she was not seen alive When she went to the accused's house in the afternoon, she was wearing numerous silver ornaments e. g. Oganiya, Hansli, Madaliyas, Dodiya, Kangariya and Kariyas etc. When she did not return to her parental house, effots were made to trace her out but with no success. On January 18, 1978 her deadbody was found on the Ibank of a pond situate nearby village Dhuwala. Report Ex P. I was drawn up by Patal Deo Karan and was sent to Police Station, Mandal. As the Station House Officer Kalyansingh (PW 27) was out of the Headquarters, no action could be taken on that day. The Station House Officer resumed duty on Jan. 19, 1978. On that day he arrived at the spot where the deadbody was lying and prepared the inquest report. Near the victim's dead body some gram and were lying scattered. There were seized. The post mortem examination of the victim's deadbody was conducted on the same day by PW 25 Dr. G. C. Mahajan, the then Medical Officer Incharge, Government Dispensary, Mandal. The following injury was found on the victim's neck: "bruise 2" x 1" on left side neck 1/2" below the sub-mandibular region!" away from the medical line. Some other abrasions were also found in the vagina, semen was present which was collected and preserved. "

(3.) IT was vehemently contended by the learned Amicus curiae that in the first instance, these sets of circumstantial evidence do not stand proved. The learned Sessions Judge acted merely on surmises and conjectures in taking these sets of circumstances are taken as fully proved. IT was next argued that even if these sets of circumstances are taken as duly proved they are not sufficient to suggest affirmatively that the victim was done to death by the appellant. In reply, the learned Public Prosecutor supported the findings of the learned Sessions Judge and submitted that the various circumstances fully indicate the complicity of the appellant in the commission of the murder of the victim. We have taken the respective submissions into consideration.