STATE OF RAJASTHAN Vs. TIJO

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant -State against the judgment and order dated 30.11.1995 passed by learned Sessions Judge, Balotra, District Jodhpur (hereinafter referred to as 'the trial court') in Sessions Case No. 19/1994 whereby the trial court has acquitted the accused -respondent from the offences punishable under Ss. 302 and 201 I.P.C.

(2.) Brief facts of the case are that PW -7 Khiya Ram submitted a written report Ex. P/6 to the S.H.O., Police Station, Balotra at 4:30 PM on 18.6.1994 wherein it is stated that his son Bhanwar Lal has two wives. His elder wife is Basanti Devi and younger wife is Tijo. He further stated that Basanti Devi is having three issues (two daughters and one son aged about 2 years and his name is Bhajan Lal). Second wife Tijo has been coming to her in -law's house from about two years and after that Basanti Devi and Tijo used to quarrel with each other. He further stated that his son Bhanwar Lal went to Khategaon, Madhya Pradesh on 17.6.1994 and after having dinner his both daughters -in -law with children slept in the courtyard and he slept outside near camel. At about 12:00 AM in the night, he heard two light blast in the Dhani, then he reached the gate of Dhani and called someone, then his younger daughter -in -law Tijo told him that a cat was trying to open the door and when she threw a stick on the cot, it sounded. After hearing this, he again went to sleep. In the morning, when he wake up, he found that his elder daughter -in -law and younger grand -son Bhajan Lal were not in the Dhani, then he inquired about them and was informed by his grand daughters that Basanti Devi and Bhajan Lal were not in the house. Then he asked them to inquire from the accused -respondent Tijo and she told that they might have gone somewhere in the early morning. Thereafter he called his brother Chuna Ram, nephew Raju, master Ramlal, nephew Lakha Ram and sister -in -law Soni, Chuni wife of Raju, Sugni wife of Lakha Ram and asked them to inquire about Basanti Devi and Bhajan Lal from Tijo. After suppressing for about two hours, Tijo started crying and stated that she committed a mistake and they should not report the matter. She also stated that she has killed Basanti Devi and Bhajan Lal by axe because she used to instigate about her to her husband. She also informed that she buried dead bodies of Basanti and Bhajan Lal in the back of the house.

(3.) After receiving said report, FIR No. 191/1994 (Ex. P/15) was registered at Police Station Balotra at 5 PM on 18.6.1994 against the accused -respondent for the offences punishable under Ss. 302 and 201 I.P.C. and later on the police arrested the accused -respondent vide Ex. P/17 at about 7:45 PM. At about 8:00 PM, the police recorded the information under Sec. 27 of Evidence Act (Ex. P/18) given by the accused -respondent regarding the place where the dead bodies were buried and vide Ex. P/19, the police recovered the dead bodies on 19.6.1994. On 20.6.1994, the police also recovered an axe (Ex. P/23) and a spade (Ex. P/26) at the instance of accused -respondent. After investigation, the police filed charge sheet against the accused -respondent for the offences punishable under Ss. 302 and 201 I.P.C. The matter was committed to the trial court and charges were framed against the accused -respondent for the offences punishable under Sec. 302 and 201 I.P.C.