BHUTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Bhuta has been convicted by the Additional Sessions Judge, Jalore under sec. 302 I. P. C. for causing the murder of his wife Smt Paru and has been sentenced to imprisonment for life.

(2.) THE prosecution case is that the accused was married to the deceased Paru in Samwat 2016 and two daughters were born to her. One of them is Varju. THE accused Bhuta suspected her (Paru's) fidelity. It is alleged that she went to her father's place sometime in the month of March 1970 and the accused went there to bring her back. On 3rd May, 1970 while both of them and their daughter Varju were coming from Sanchore, there was a verbal altercation between them while they were a little away from their village Janvi. THE accused, it appears, could not control his temper and dealt blows with a 'dhariya' on her head, neck, temple and various others parts of her body as a result of which she instantaneously died and the accused buried the dead body in the field of one Bhema Ghanchi. THEreafter he took his daughter Varju aged about a year and a half to the village and left her in the company of small children who were plying in the locality of Bheels to which community the accused also belongs. Perturbed on account of the crime committed by him he went back in the Jungle and passed the next day and night in the precincts of village Galife. However, he could not contain himself and wanted to make a clean breast of the whole thing. With that end in view he left for Police Station Sanchore on the 3rd day of the murder and produced himself before P. W. 10 Padam Singh Station House Officer, Police Station, Sanchore with a 'dhariya' in his hand and narrated the whole incident to him. THE information given by the accused was reduced into writing and the same has been marked Ex, P. 13 which has been treated as the F. I. R. in the case. Since the place of occurrence fell within the jurisdiction of Police Station Sarvana, Padam Singh sent the report to the Police Station Sarvana. He immediately arrested the accused vide arrest memo Ex, P. 2 and also took in his custody the 'dhariya' produced by the accused. THE seizure memo of the 'dhariya' is Ex. P. 3 He noticed that the 'dhariya' was stained with blood and a few hair were also stuck to it. On the following day i. e. 6-5-1970 he went to the place of occurrence accompanied by the accused and found blood stained earth, and pieces of bangles scattered in the field of Bhema Ganchi in village Janvi. He also took in his possession the string used by ladies for tying their hair and a pair of shoes used by females along with other articles. THE seizure memo of these articles is Ex. P. 4 THE accused then pointed out the place where he had buried the dead body of Paru. THE body lay concealed under the earth which was removed by the accused and the dead body was dug out. THE seizure memo of the dead body is Ex. P. 5. Certain ornaments besides clothes were found on the dead body which were also seized by the police. It may be pointed out, here, that there was an ear top only on one ear and the other ear-top was missing. THE dead body was identified by the accused, his brother Mobata and other motbirs. At that time the accused further gave information that he had concealed the spade nearby with which he had dug the ground for burying the dead body. THE recovery memo of the spade is Ex. P. 7. About four days thereafter the accused also got recovered at his instance the handle of the spade vide recovery memo Ex. P. 10 dated 10-5-70. THE post-mortem examination of the dead body of Smt. Paru was conducted by P. W. 7 Dr. S. C. Mathur who has deposed to the presence of the following injuries on her person: - (1) Incised wound 3" x 2" x bone deep. Left arm and elbow with fracture of ulna and radius-posteriorly bone deep. (Muscles cut clean with muscles decomposing. Bones cut sharply at upper end humerous Floating at the joint end. (2) Incised wound 6" x 3/4" x bone deep forehead and face left side starting just above and lateral to left eye extending and cutting left ear and extending upto 1" behind left ear. (3) Incised wound 2" x 1/2 x muscle deep left mollar region 1/2" below left eye transversely placed. (4) Incised wound 5" x 1" x bone deep obliquely placed 1/2" below injury No. 3 extending down-wards and backwards upto nape of the neck cutting lower Jaw. (5) Incised wound 6" x 1/2 x brain deep left parietal region (hairs peeled off) extending from frontal region to 1" anterior to occipital region (cutting bone piece ). (6) Incised wound 6-1/2" x 1/2" x bone deep face right side right lower jaw, lips and gums and teeth lour absent, right three mollars, and 1 upper third mollar - extending backwards and upwards upto occipital region - vertebrae exposed. (7) Lacerated wound 3" x 1" x muscle deep - nape of the neck - and J" below injury No. 4. (8) Lacerated wound 1' x 3/4 x muscle deep back at level of first thoracic vatabrae. (9) Incised wound 4-1/2" x 2" x muscle deep back left mid axillary and posterior axillary region, just below inferior angle of left scapulae - No injury to lung or ribs. Scapula floating in the wound. "

(3.) WE may observe, at the very outset, that the first information report is a self inculpatory statement wherein the accused has admitted that he had committed the murder of Smt. Paru. The statement contained in the F. I R. is therefore, hit by sec. 25 of the Evidence Act,, It is apparent from the bare reading of the F. I. R. Ex. P. 13 that it is a confessional statement made to a Police Officer and as such we are clearly of the opinion that it cannot be used against him in view of sec. 25 of (he Evidence Act. It is also not possible to sever that part of the statement which is un-confessional from the strictly confessional part and the entire confessional statement contained in the F. I. R. cannot be proved on account of the ban of sec. 25 of the Evidence Act.