KANA ALIAS KANHAIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant against his conviction and sentence under sections 376 and 302, IPC. Brief facts of the case are that the accused appellant, Kana alias Kanhaiyalal, had done to death of Ramavtari after committing rape on her. The insatiable hunger of the accused did not stop there and to see that no evidence is available, he also hecked Sheoji Chhoga, real brother of Ramavatari to death. On the unfortunate day of the incident the unfortunate mother Ram Pyari (PW/5) of the two murdered children had gone to jungle for collecting hay. She left behind her daughter Ramavatari aged 11-12 years and her son Sheoji Chhoga aged 6 years and two other children Lali and Santosh. She returned at 1 p.m. and did not find her children, Ramavatari and Sheoji at home. Therefore, she made inquiries and thereafter she went to her field. She returned at about 5 p.m., but did not find Ramavatari and Sheoji. The unfortunate mother tried in vain to search out the missing children in the locality, but the children could not be traced out. On the next day in the morning at 7 a.m. Ram Pyari (PW/5), the mother of the two murdered children went to Nohara for bringing fodder for animals. She found there the two bodies of Ramavatari and Sheoji in the Busera. She was shocked with this tragic event and raised alarm which attracted Birdhichand and Kailash. Her brother in law Narain also came there. Narain, (PW/4) went to the Police Station, Phagi to lodge First Information Report Ex. P/10. On the basis of the said report case No.8 (Ex. P/li) was registered and investigation came into motion. During the course of investigation Dinesh Chandra Sharma rushed to the spot and recovered the dead body of the two murdered children in the presence of Shravan Lal, Lallulal, Phoolchand, Chiranjilal, and Ram Narain. Inquest reports Ex. P/3 for Sheoji and Ex. P/4 for Ramavatari were prepared. From the scene of occurrence the weapon of offence, kulhari, was recovered vide recovery memo Ex. P/S. It was taken over and sealed in the presence of the mother and the blood-stained clothes of Ramavatari were also recovered and sealed on the spot, and in testimony whereof memo Ex. P/6 was prepared. Blood stained clothes of Sheoji were recovered and sealed and memo Ex. P/7 was prepared. The dead body of Raruavatari was lying in Tudi (Kadvi) which were recovered vide Ex. P/8 and Ex. P/9 which were also sent for chemical examination. Besides this, the Investigating Officer prepared the site plan Ex. P/2. After collecting evidence and recording the evidence of the witnesses, accused Kana was arrested vide memo Ex. P/33.

(2.) The accused voluntarily gave information under section 27 of the Evidence Act with regard to Dhoti which he was wearing at the time of the incident. This information was recorded in memo Ex. P/34 and, in pursuance of the said information Dhoti was recovered on 24th February, 1980 from the house of Chandadas Brahmin in Mohalla Lambabas, vide recovery memo Ex. P/i, in the presence of Narain and Dhanna. The statement of come of the witnesses were recorded to show that Kana alias Kanhaiyalal, the accused-appellant, was seen on the date of the incident at about 12 or 12.30 bringing the buffalos back. He was further spotted by Suwa Kumar entering the bara of Ghasi where Sheoji and Ramavatari had also gone. Durga Lal was produced to show that after the incident the accused-appellant washed his hand and feet at Gulab Kui. The other set of evidence is that this accused had confessed before Shri Narain that he had raped Ramavatari and thereafter murdered her and her brother Sheoji.

(3.) After investigation a charge-sheet was submitted before the learned AddI. Munsiff and Judicial Magistrate, Shambbar Lake who committed the case to the court of Session, for the offences punishable under section 302 and 376, IPC. After recording the statement of the prosecution witnesses the accused-appellant was examined under section 313, Cr. P.C. The accused-appellant denied all the allegations made against him. It was submitted by the accused-appellant that the relatives of Ramavatari and Sheoji were also kept at the Police Station for two-three days, but they were let off subsequently. The accused-appellant has also stated that the police failed to find out the real culprit and they demanded Rs. 2000/- from him and since he was poor and could not afford to pay Rs. 2000/- he was roped in this case. In his defence, be examined DW/1 Bbagwana and DW/2 Manni. The learned Sessions Judge after examining the evidence on record convicted the accused-appellant under section 302 and 376, IPC and sentenced him under both these sections.