RAHMANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd February 1977, passed by the learned Sessions Judge, Alwar, in Sessions Case No. 100 of 1976. The appellant has been convicted under section 302 I.P.C. and sentenced to rigorous imprisonment for life and a fine of Rs. 500/-. She has also been convicted under section 309 I.P.C. and sentenced to undergo one years rigorous imprisonment. In default of payment of fine, she was further directed to undergo rigorous imprisonment for four months.

(2.) The prosecution story unfolded during the trial is that the appellant was living with her husband in village Dholidhup. There was a terror and the family of the appellant left village Dholi-Dhup and established in village Kheri. The prosecution case further goes that the family members of the accused- Appellant purchased agricultural land from one Om Prakash. The amount of the land could not be paid to the seller of the land and, as such, the silver Karas of Mst. Rahmam were taken away by her husband for selling in the market and for making the payment to Om Parkash. It is further alleged that Mst. Rahmam was not happy on this and, as such, she jumped in the well with her child, Pakru, aged 4-5 months. Before jumping with her child she threw two other children into the well.

(3.) On behalf of the prosecution, P.W. 2, Nawab is the eye witness, P.W. 1, Sublian Khan lodged FIR. at the Police Station which is marked as Ex.P. 1. Learned counsel for the appellant has invited our attention to the statements of P.W. 3, Susala and P.W. 7, Sahuri. Both these witnesses have stated that Rahmani gave the silver Karas voluntarily and there was no dispute and she was living peacefully. She has thus demolished the theory of motive for the commission of the crime and we are of the view that the prosecution has failed to prove any motive.