VISHNU SONI AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vishnu Soni and Rani both have preferred appeals through Jail to assail the impugned judgment dated 19.3.2009 rendered by the Additional Sessions Judge (Fast Track), Hindaun City (Karauli). Both the appellants Vishnu Soni and Rani are husband and wife. Vishnu Kumar has instituted D.B. Criminal (Jail) Appeal No. 562/2009 and Rani has preferred D.B. Criminal (Jail) Appeal No. 1210/2009. Since in both the appeals common impugned judgment has been assailed, we shall decide both the appeals together.

(2.) Case of the prosecution is that both the appellants alongwith the deceased Kistoori Devi wife of Mulya Jogi, aged 60 years on 1.11.2007 had taken a room in a Dharamshala called Patthar Walo Ki Dharamshala, Nai Mandi, Hindaun City. On 3.11.2007 Ramdas (P.W.1), Manager of Dharamshala found Room No. 2 taken by both the appellants and the deceased Kistoori Devi bolted from outside. When nobody returned in the evening at about 6.30 P.M., police was called and room was opened. Inside the room, dead body of Kistoori Devi was found and silver anklets worn by her were found missing. Thus, the prosecution to secure conviction of the appellants relied upon evidence of, (i) last seen which has surfaced in the testimony of Ramdas (P.W.1); and (ii) recovery of anklets of the deceased from accused to complete chain of circumstances to arrive at the conclusion that the appellants alone had committed the offence.

(3.) Taking above two circumstances into consideration, the Court of Additional Sessions Judge (Fast Track), Hindaun City vide impugned judgment dated 19.3.2009 held the appellants guilty of offences under Ss. 302/34, 397/34, 364/34 IPC. Having convicted the appellants for above said offences, the trial Judge vide a separate order of even date, sentenced them as under: - -