MOHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Mohan was tried for charges under sections 302 and 309 Penal Code by the Sessions Judge, Balotra. By the judgment dated March 31, 1980, the learned Sessions Judge acquitted the appellant for the charge under section 309 Penal Code but held him guilty for the charge of murder of Smt. Panki and sentenced him to imprisonment fur life.

(2.) Briefly stated the fact of the case giving rise to the trial of the appellant and the present appeal are as under. In the intervening night of May 18, 1979 and May 19, 1979 Tulcharam (PW 6) heard some voice from inside his well. He asked his brother Manaram (PW 3) to call Jeewa and Senwaliya (PW 7). Thereafter Sarpanch of the village was informed and he asked them to report the matter to the Police. Mansingh, Mana and Jeevla went to Police Station Siwana and informed about somebody being there inside the well of Tulcharam. Prabhusingh (PW I) Head Constable of that Police Station made an entry in the Roznamacha and proceeded to the site. Meanwhile villagers had taken out Mohan appellant from the well. It is alleged that Mohan confessed before the villagers that he had committed the murder of his wife and then jumped in the well. Mohan was found unconscious when the Head Constable reached the site. Mohan's condition being serious, he was taken to Sit; ana hospital. Doctor asked Head Constable for recording his dying declaration. The Head-Constable gave a 'tehrir' to the Doctor and requested him to recorded his statement himself. The Doctor recorded the statement of the appellant which is Ex. P 3. The Doctor thereafter examined the injuries of Mohan and prepared the report Ex. P 4. The Doctor noted fracture of left arm near about middle part shaft of humerus and other injuries on the back. Prabhusingh (PW 1) Head Constable, on reaching the Police Station filed a detailed report of the incident which is Ex. P 2. Blood stained 'dhoti' and 'baniyan' were recovered from the person of the appellant. When Mohan got cured of his injuries, he was arrested by the Police. He furnished information for getting recovered an 'axe'. The Police got recovered the 'axe' Ex 6 in pursuance of the information furnished by Mohan from behind his 'Jhupa'. When the Police had started investigation, the dead body of Smt. Manki, wife of the appellant was found lying in her house where she is said to be living with her husband, the appellant. Investigation in that concern was also conducted by the Police. The blood stained clothes of deceased Panki were taken in possession and her postmortem examination was conducted by Dr. Ganpatsingh (PW 2) on May 19, 1979. The postmortem examination report is Ex. P 5. The articles recovered during the course of investigation and found to be blood stained were sent for chemical examination. The report of the Chemical Examiner is Ex.P 29 and that of the Serologist is Ex. P 28.

(3.) Upon completion of necessary investigation, charge sheet against the appellant was tiled in the Court of Munsif and Judicial Magistrate, Balotra. The learned Magistrate committed the appellant Mohan to stand his trial in the Court of Sessions Judge, Balotra. The learned Sessions Judge charge sheeted the appellant for the aforesaid charges and on denying the appellant the charges, proceeded with the trial, The prosecution examined 16 witnesses in all to substantiate its case. Appellant in the statement under section 313 of the Code of Criminal Procedure denied the allegations levelied against him and stated that it was a dark stormy night and passing through the well of Tulcharam he accidentally fell in it. The learned Sessions Judge placed reliance on the statement of Sanwaliya (PW 7) regarding the statement of the appellant given before him at the lime he was taken out and the statement before the Doctor Ex. P 3 and passed the judgment under appeal. No defence witness was examined.