KANKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has filed this appeal feeling aggrieved by the judgment dated 7-12-1993 passed by the learned Sessions Judge, Dungarpur, whereby she was found guilty for the offence under Section 302, I.P.C. and was sentenced to imprisonment for life and to pay a fine of Rs. 100.00; in default to further undergo one month's simple imprisonment.

(2.) Briefly the prosecution case is that on the night intervening 20th and 21/05/1992, appellant Smt. Kanku and her husband deceased. Day Lal were sleeping in their Padsaal (room), which was bolted from inside, that the said room was also connected with the kitchen and that the door of the kitchen was also bolted from inside in the night by PW-12 Smt. Kuri, the mother-in-law of the appellant. It is alleged that at about 1.30 a.m., PW-2 Val Ji, the elder brother of the deceased, PW-4 Smt. Lali, wife of Val Ji, PW-9 Smt. Geeta, PW-12 Smt. Kurt and Bhem Ji, who were respectively the sister, mother and father of the deceased and who were sleeping in the court yard of the house were awakened by the screams raised by the appellant. The aforementioned witnesses entered into that room, through the kitchen door, which was lying open. PW-2 Val Ji tried to put on the switch of the electrical bulb inside that room, but there was no power supply. He, therefore, lit torch and found that appellant was standing near the cot, where Daya Lal was lying dead and that Daya Lal had sustained injuries on his neck and right lower jaw and his Baniyan and the Goodra were stained with blood. It is further the case of the prosecution that hearing the alarm, PW-8 Hekar Ji and others also came there and that on being inquired by them appellant Smt. Kanku informed them that she and her husband were sleeping on separate cots, that the door of the room was open, that she was awakened when some person pressed her mouth, and that she noticed that another person snatched away gold Kanthi and ear tops from her neck and ear. She also informed that near the cot of her husband, two more persons were standing, that one of them had pressed the mouth of her husband - Daya Lal, who managed to remove the hand of the culprit from his mouth and told that he had identified them and that thereupon one person inflicted 2-3 blows to her husband by a sharp edged weapon and that there after all the four assailants ran away from the back door of the room. On 21-5-1992 at 6 a.m. PW-8 Khakar Ji lodged an oral report about the said incident at Police Station, Chitri. Thereupon F.I.R. Ex. P-10 was scribed and a case under Ss. 460, 302, I.P.C. was registered. PW-11 Fateh Singh, A.S.I. rushed to the spot, inspected the site and prepared site-plan Ex. P-12 and memo thereof Ex. P-11. There he noticed a streak of blood-stains on the wall of the room nearby the cot, where the dead body of Daya Lal was lying. He also found blood stains underneath that cot as also on a stone grinding wheel (Gatti). He seized and sealed the bloodstained earth, and controlled sample vide seizure memo Ex. P-13 and the bloodstained Baniyan and the 'Gudra' of the deceased vide seizure memo Ex. P-15.

(3.) PW-1 Dr. R. K. Yadav conducted the autopsy on the dead body of Daya Lal on the spot and found following injuries :