KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed Under Section 374(2) Cr. P.C. against the judgment and order of learned Sessions Judge, Jodhpur dt. 27.1.1987 whereby he has convicted the accused -appellants viz. Kishan Singh and Govind Singh for the offence Under Section 302 read with Section 34 I.P.C and sentenced both the appellants to imprisonment for life with a fine of Rs. 500/ - each and in default of payment of fine to undergo further one year's R.I.

(2.) BRIEFLY stated the facts of the prosecution case are that one Sohanlal s/o Budha Ram submitted a written report (Ex.P.22) before the S.H.O. P.S. Soorsagar on 24.2.1985 at 2.15 P.M. alleging that his sister Kalpana was married with one Govind Singh s/o Asu Singh on 7.6.77. It was alleged that for the last five years Kalpana was living with his father. Out of their wedlock one male child Azad Singh was borned, who is living with Govind Singh. It was also alleged that for the custody of child a case is pending in the court of Distt. Judge, Jodhpur wherein Rs. 250/ - gave been awarded as interim maintenance and the arrears of that amount has gone upto Rs. 7000/ -. It was further alleged that Govind Singh did not want to pay the amount, therefore, on 21.2.85 Govind Singh showed his willingness to take Kalpana with him, for which permission was granted by the Court. It was also alleged that on 22.2.85 at 4.P.M. he went to the house of Govind Singh to enquire about the welfare of Kalpana but Govind Singh and his brother etc. did not permit him to meet Kalpana and he returned back. It was further alleged that on 23.2.85 at 6 -7 P.M. they came to know that Kalpana has been killed by Govind Singh, Kishan Singh, Prakash and the wife of Prakash. It was also alleged in the F.I.R. that Govind Singh had left Kalpana for the last five years and he did not want to pay the amount of maintenance awarded by the court and further that he wanted to perform second marriage, therefore, Govind Singh and his brothers alongwith the wife of his brother Prakash have killed Kalpana by hatching a conspiracy. Thereupon an F.I.R. (Ex.P -22) was lodged on 24.2.85 and case under Section 302 I.P.C. was registered. Prior to that F.I.R., as per the prosecution on 23.2.85 at 6.15 P.M. accused Kishan Singh submitted a report (Ex.P -20) stating that Kalpana has committed suicide. On the basis of it, Narayan Singh, S.H.O. Soorsagar started investigation Under Section 174 Cr.P.C. and sent P.W.16 Chandan Singh for investigation. P.W.16 Chandan Singh saw in a room of upper storey that a dead body of lady was lying on the floor and nearby dead body blood and pieces of glass were also lying. One broken glass was also found stabbed in the neck of the body of deceased Kalpana. One nylon cord and pieces of bangles were also lying there. P.W.16 Chanda Singh got the site plan (Ex.P.21) prepared by Madan Kumar. In the meantime Narayan Singh, S.H.O. reached there who signed the site inspection memo and also prepared 'Panchnama' (Ex.P -2) and Description Memo of Corpus (Ex.P -8). Boold stained part of floor was broken and seized vide Ex.P -3. Cord of 'Nylon', pieces of bangles of Kalpana, pieces of glass lying on the floor were also seized and sealed so also the glass which was found stabbed in the neck of Kalpana vide Ex.P -4. Thereafter, the dead body of Kalpana was sent to the M.G. Hospital, Jodhpur for post -mortem. Medical Board consisting of three Doctors. 1. J.K. Yadav, 2. S.P. Chauhan and 3. V.K. Malhotra conducted the post -mortem examination on 24.2.85 and submitted their report vide Ex.P -24. Narayan Singh, S.H.O. arrested the accused -appellant Kishan Singh vide Ex.P -5. At the time of arrest, the clothes viz. ('Pajama' and 'Baniyan' which were put -on by the accused Kishan Singh were found blood stained. These clothes were seized in the presence of Tej Singh and Lalit Kumar vide Ex.P -6. the accused Kishan Singh who had injuries on his body was also medically examined by Dr.S.K. Chouhan on 25.2.85 vide Ex.P -25. At the instance of the accused Kishan Singh, one knife was recovered vide Ex.P -16. The other accused Govind Singh was arrested on 1.3.85 vide Ex.P -26 in the presence of motbirs Rameshwar and Heeralal. The articles seized were sent for chemical examination to Forensic Science Laboratory, Jaipur. F.S.L. reports were received vide Ex.P -28 to 31. After due investigation, police filed challan in the court of Judicial Magistrate who committed the case to the Court of Sessions Judge, Jodhpur vide order dt. 24.6.1985. The learned Sessions Judge framed the charge against the accused -appellants under Section 302 IPC and in the alternative under Section 302 read with Section 34 I.P.C. on 13.8.85. Both the accused -appellants denied the charge and claimed trial. The prosecution in supports of its case produced 16 witnesses and 29 documents. The accused -appellants in their statements under Section 313 Cr.P.C. denied the allegation and produced Arjun Singh and Dr. Hargovind in their defence. The learned Sessions Judge after conclusion of the trial, convicted the accused -appellants Under Section 302/34 I.P.C. and sentenced each of them a mentioned here inabove.

(3.) MR . Bohara, learned Public Prosecutor has supported the judgment of the learned Sessions Judge and submitted that there was strong motive for the accused -appellants to kill deceased Kalpana as the relations between the parties were strained and she was not living with her husband for the last five years but only two days prior to the date of incident the deceased Kalpana came to her in -law's house with her husband, which is clear from the order of the Distt. Court dt. 21.2.85. He has also submitted that the question regarding strangulation was put to the accused -appellant Kishan Singh. He has further submitted that the circumstances relied by the learned Sessions Judge while convicting the accused appellants complete the chain of evidence against the accused and it is sufficient to hold them guilty for the offence under Section 302/34 I.P.C. Mr. Charan counsel for the complainant has also adopted the agreements of Mr. Bohara.