NACHHATTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AFTER the conclusion of the arguments, we had pronounced the following order on October 22, 1984: Having heard learned Counsel for the appellant and learned Public Prosecutor, we have come to the conclusion that the prosecution has failed to bring home the offence punishable Under Section 302, IPC against the appellant Nachhattarsingh. Hence the appeal is allowed. The conviction and sentence awarded to Nachhattar Singh by the order of the learned Additional Sessions Judge, Raisingnagar dated July 2, 1981, are set aside. Nachhattar Singh appellant is acquitted of the charge under Section 302, IPC. He may be released fortwith, if not required in any other case. We shall give reasons for our order later on.

(2.) ACCUSED No. 5 Mst. Chhindrakawar and accused No. 4 Mst. Balwantkaur are sister and mother of accused -appellant Nachhattarsingh and daughter and wife of Gurdeosingh. Deceased Smt. Sukhvendrakaur was the wife of Nachhattarsingh, and daughter of Najarsingh. Smt. Sukhvendrakaur was betrothed with the accused -appellant 13 years prior to her alleged murder. At the time of betrothal, her father gave two tolas of gold and Rs. 250/ - in cash. There were no talks regarding dowry at that time. Before the marriage, Gurdeosingh, father of the accused -appellant, threatened to severe the relations and demanded 30 tolas of gold and one motor cycle as a dowry. On account of the fear that the relations may be severed, Najarsingh agreed to give 30 tolas of gold and one motor cycle. However, at the time of marriage only 20 tolas of gold was given to Smt. Sukhvendrakaur and Najarsingh could not give the remaining 10 tolas. On account of this, the relations became stained. After marriage, the appellant and the members of his family did not do 'Muklava'. Thereupon, the family members of Smt. Sukhvendrakaur came to Gurdeosingh, father of the accused. After 5 to 7 days, the accused -appellant Nachhattarsingh took Smt. Sukhvendrakaur but mal -treated her. According to the prosecution, accused -appellant Nachhattarsingh, his mother Smt. Balwantkaur and sister Chhindrakaur used to beat her. One day, on account of considerable beating, Smt. Sukhvendrakaur left the matrimonial home and came to her father's house. Thereafter, no body came to take her back. The family members of Smt. Sukhvendrakaur, thereupon, called a Panchayat. On being asked by the Panchayat, Gurdeosingh agreed to keep Smt. Sukhvendrakaur. Thereupon, Smt. Sukhvendrakaur started to live in her matrimonial house and a child was born to her. A sum of Rs. 10,000/ - was given on that occasion and four tolas of gold were also given, but the accused -persons were unhappy. It is alleged by the prosecution that on August 10,1978. Smt. Sukhvendrakaur died an unnatural death. The accused appellant Nachhattar Singh and Ajmer Singh took the tractor and went to the house of Smt. Sukhvendra Kaur's brother Inder Singh (PW 1). There, they met Inder Singh's wife. They told her that Smt. Sukhvendra Kaur has died by strangulating herself and thereafter they went away. The wife of Inder Singh sent for Inder Singh. There upon, Inder Singh, Mahendra Singh, Roop Singh, Sohan Singh and Jarnail Singh came to the house of Gurdeo Singh in tractor. There they saw all the four accused persons, and the dead body of Smt. Sukhvendra Kaur was lying there. When they saw the dead body it was wrapped with a 'kes'. PW 1 Inder Singh removed the 'kes'. He found that the clothes of Smt. Sukhvendra Kaur were neat and clean. There was 'malit' on her body and her mouth was closed. The accused persons said that the dead body may be burnt PW 1 Inder Singh entertained some doubt regarding murder and, therefore, he did not agree. He, along with Mahendra Singh and Roop Singh went to the Police Station, Jaswantgarh. When they reached there before that the accused Kartar Singh and Gurdeo Singh were present at the Police Station and had informed about the death' of Smt. Sukhvendra Kaur. The next day, SHO Umed Singh got the post mortem of the dead body of Smt. Sukhvendra Kaur conducted. Thereafter, on 14th and 15th August, 1978, the Panchayat collected and at that time Gurdeo Singh and Kartar Singh told them that the accused persons Nachhater Singh. Smt. Balwant Kaur and Chhindra Kaur have killed Smt. Sukhvendra Kaur. They have done wrong and they may be pardoned. During post mortem, a ligature mark was found on the neck of Smt. Sukhvendra Kaur and there were three injuries on her neck and her death was on account of asphyk is due to strangulation. The Police Officer investigated for an offence of murder under Section 302 IPC and thereafter, filed the challan. Against the appellant, charge under Section 302, IPC was framed. The appellant denied the indictment and claimed trial. The prosecution examined PW 1 Inder Singh, PW 2 Moti Ram, PW 3 Gurbachan Singh, PW4 Bahadur Singh, PW 5 Mahendra Singh, PW 6 Dr. S.K. Agarwal, PW 7 Jarnail Singh, PW 8 Maya Singh, PW 9 Bishan Singh, PW 10 Sukh Charan Singh, PW 11 Prithvi Raj, PW 12 Ummed Singh and PW 13 Liladhar. Thereafter, statement of the accused under Section 313, Cr.PC was recorded. In defence, the accused appellant examined DW 1 Firoz Khan and DW 2 Gurdeo Singh. There is no eye witness to the alleged murder of Smt. Sukhvendra Kaur and the case hinges on the circumstantial evidence.

(3.) PW 6 Dr. S.K. Agrawal, noted the following injuries on the neck: Injuries on neck Length of groove was 11' x 1/2', there were abrasions on neck;