LAXMANDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two connected appeals arising out of the judgment dated 3-11-1970 by the Sessions Judge, Merta who sentenced the appellants as follows - Name of accused Convicted under Sentenced to 1. Laxmandas U/s. 302 read with S. 34 IPC. Rigorous imprisonment for life and a fine of Rs. 100/- in default of payment of fine to undergo further 6 month's rigorous imprisonment. 2. Smt. Bhanwari U/s. 302 read with 34 IPC. Sentenced to life imprisonment and a fine of Rs. 100/- ; in default of payment of fine to undergo further 6 months' rigorous imprisonment. 3. Jagdish U/s. 302 IPC. Sentenced to life imprisonment and a fine of Rs. 100/-; in default of payment of fine to undergo further 6 month's rigorous imprisonment. "

(2.) LAXMANDAS and Jagdish have filed a joint appeal through Jail and their appeal has been registered as D. B. Criminal (Jail ) Appeal No. 243 of 1971. Smt. Bhanwari has filed a separate appeal through Jail and her apperl has been registered as No. 428 of 1971. Since all the three appellants were unrepresented we appointed Shri G. L. Agarwal to argue the case on their behalf free of charge. However, after the case had remained part-heard on 6-5-1975 Shri M. B. L. Bhargava put in appearance and submitted that he had been engaged by convict Jagdish to argue his appeal. Thereupon we adjourned the hearing of the case.

(3.) ON 11-8-1969 the accused Jagdish again gave information regarding the axe alleged to have been used in the crime. Information memo has been marked Ex. P. 16. The axe was seized on 15-8-1969 and the seizure memo is Ex. P. 9. ON 14-8-1969 the accused Smt. Bhanwari gave information regarding presence of blood stains on her clothes alleged to have been worn by her at the time of commission of the crime. This information was reduced to writing and marked Ex. P. 17 and the seizure memo of her clothes is Ex. P. 11. ON 12-8-1969 the accused Laxmandas gave information regarding presence of blood stains on a cot on which the deceased was sleeping. This information is marked Ex. P. 18 and the memo of recovery of the cot is Ex. P. 12, dated 15 8-1969. It may, however, be mentioned that in case of none of these articles the Serologist has found stains of human blood and therefore these recoveries are not of much assistance to the prosecution in connecting the accused with the crime. The prosecution has also placed on record an Inland Letter Ex. P. 1 purporting to have been scribed at the instance of the accused Laxmandas and Smt. Bhanwari and posted from Bhilwara. It purports to be written by the deceased Narayandas from Bhilwara and addressed to the accused Laxmmdas wherein it is written that he would stay for some time in Malwa. After collecting all this evidence the Police challaned the accused in the Court of Additional Munsiff-Magistrate, Merta, who by his order dated 25-6-1970 commit-ted them for trial to the Court of Sessions Judge, Merta. The accused denied having committed the offence. The Sessions Judge convicted and sentenced the accused as already mentioned above.