SUNDIYA @ HANSRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Prosecution secured conviction of the appellant Sundiya @ Hansraj under section 302 Penal Code on the basis of circumstantial evidence. The appellant has since been convicted under section 302 Penal Code and sentenced to undergo Life Imprisonment and also to pay a fine of Rs. 4,000 and in default of payment of fine to further undergo Simple Imprisonment for a period of four months vide order dated 21.9.2002 recorded by learned Additional District & Sessions Judge, Fast Track, Ajmer.

(2.) In the present appeal filed by Sundiya, the only question is as to whether the chain of circumstantial evidence is complete enough to return a finding of guilt or there are such chinks which may not be compatible with the only hypothesis, that the appellant alone is guilty of the crime.

(3.) Shanti Devi as per prosecution version, was done to death on the intervening night on 13/14.10.1999. An FIR with regard to the incident was lodged at 9.00 A.M. on 14.10.1999 by Arun Kumar PW6. In the written report that came to be lodged by him it was stated that in his family Nauratmal is related to him like his Grandfather. He is 75 years of age, whereas his wife Smt. Shanti is about 72 years. His Grand Father Nauratmal is suffering from Paralysis and therefore, sleeps in a separate room, whereas his grandmother Shanti Devi sleeps in another room. His grandmother looks after her husband, and, therefore, the door of the room is not locked from inside. They do not have any child. They alone are living in the house. Today in the morning like everyday the milk vendor called them but nobody responded. He was living in the neighbourhood. When he looked at their rooms, he found that both the rooms were locked from inside. From the roof he went to the Naal and saw that his grand mother Shanti Devi was lying on the cot. She was soaked with blood. Her dead body was lying there. There was a deep wound in her neck which was caused by knives, she had died. The necklace that she used to wear, the tops and pandles were missing. Only one pandle in each hand was still there. Paijab were also there in both the feet. The nose tops were also still there. Brief-cases in broken conditions were lying scattered.