CHANDGIRAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the accused-petitioner and the learned public prosecutor, and the learned counsel for the complainant. Persued the case-diary.

(2.) The accused-petitioner and co-accused Mst. Manohari are facing trial in the court of Additional Sessions Judge (2). Alwar for offences under sections 302, 200 and 720-B, Penal Code for causing the murder of Chhittar Gujar.

(3.) The prosecution case in brief is that the deceased Chhitar Gujar was living with his wife Mst. Manohari (co-accused) and his son Sanwata (aged about 12 or 13 years) in a Chhappar the deceased had raised at his well in Mauja Mohammed P. S. Behrod district Alwar. Mst. Manohari developed illicit intimacy with the accused-petitioner. Chhitar was standing as an obstacle in their way. They, therefore, hatched a conspiracy to finish Chhitar for ever. In the night between 10th and 11th Aug., 1983 when Chhitar was sleeping on a cot in his Chhapar, the accused-petitioner and Mst. Manohari over powered him caused injuries to him and dropped him down in the well. Next day Chhitar's dead body was found floating in the well. It is alleged that the occurrence was seen by the deceased son Sanwta. He was threatened with dire consequences by the accused-petitioner in case he dared to disclose the incident to any person. Sanwta, however, went to his uncle Basanta early in the morning of Aug. 11, 1983 and apprised him of the incident as to how his father Chhitar was put to death by the accused petitioner and his mother Mst. Manohari. Next day, the dead body of Chhitar was noticed floating in the water of the well. Basanta went to the concerned police station and brought the Station House Officer there. The dead body was taken out and an inquest of the victims dead body was prepared. Basanta was present at that time and he was included as a panch witness in the inquest memo. The post-mortem examination of the victims dead body revealed that the cause of his death was asphyxia due to drowning. The police did not register any case and made no investigation. Basanta, thereafter, presented a complaint on Sept., 6, 1983 against the accused-petitioner and Mst. Manohari in the Court of Munsif and Judicial Magistrate, Behrod for offences under sections 302 and 323, IPC, The magistrate sent the complaint to the police with direction to register the case and make investigation. The police thereafter registered a case. The accused-petitioner remained absconded for a petty long time and could not be arrested. It is also alleged that Mst. Manohari made an extra judicial confession before one Mst. Chandni and Chhitar Shivnath. On the completion of investigation, the police presented a challan against the accused-petitioner and Mst. Manohari in the Court of learned Munsif & Judicial Magistrate, Behrod, who in his turn committed the case for trial to the Court of Sessions. The case came for trial before the learned Additional Sessions Judge. An Application for bail was moved before him, but it was disallowed.