MITHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.1.88, passed by the Additional Sessions Judge, Rajsamand, by which the learned Additional Sessions Judge convicted the appellant for the offences under sections 302 and 397 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine further to undergo one yearTs rigorous imprisonment for the offence under Section 302 IPC, and seven years rigorous imprisonment for the offence under Section 397 IPC.

(2.) The appellant was tried by the learned Additional Sessions judge, Rajsamand, for the offences under Sections 302 and 397 IPC for committing the murder of Mst. Debu in the field of Balu Ram situated in village Vilur in the intervening night between 14115th November, 1986 and after committing her murder committed robbery of the ornaments from her person.

(3.) The case of the prosecution is that in the evening of 14.11.86. Mst. Debu had gone to the field to clear the call of the nature. She did not return the house in the night. The family members of Smt. Debu went in search of her but could not locate her. In the morning of 15.11.86, PW 1 Balu Ram, when went to his field, he saw the dead body of a lady lying in his field and noticed that both the legs of the dead body were cut from near the ankle. Balu Ram was, not knowing the deceased and therefore, he reported the matter in the village and it was revealed that the dead body was that of Smt. Debu. The ornaments which the deceased used to wear, namely, Kadias (foot wearings) and Totias (ear-rings) were also missing. PW 1 Balu Ram thereafter reported the matter at Police Station, Railmagra on 15.11.86 at about 5.50 P.M. The prosecution, in support of its case, produced 19 witnesses. The accused did not produce any witness in his defence. The nature of the evidence, produced by the prosecution, consists of the statement of PW 1 Balu Ram, who saw the dead body of the deceased lying in his field and. lodged the report Ex. P. 1. He is also witness to site plan Ex. P. 2, Panchnama-A-Lash Ex. P. 3, recovery of the blood-stained as well as sample soil vide Ex. P. 4, recovery of the clothes of the deceased vide Ex. P. 5 and the recovery of the hair which were found in the fist of the deceased vide Ex. P. 6 as well as the flap of a pocket. PW 2 Kalu-the grand father-in law of the deceased- has stated that in the evening at about 6.00 p.m. of the day of incident, Smt. Debu went towards the fields for clearing the call of the nature and at that time he was sitting in the Eastern side of the village. Sometime thereafter his wife and sons came from the field but Smt. Debu did not return by that time and, therefore, they went in search of the deceased but she could not be located throughout the night. She was not traceable even upto the morning of the next day. At about 3.00 p.m., Balu Ram went to his field and saw the dead body of Smt. Debu lying in his field, whereupon he went to the field of Balu Ram and saw the dead body of Smt. Debu lying near a Babul bush and the silver ornaments, namely, Kadias and Totias wore by the deceased were missing from her corpse. In the evening of the day when Smt. Debu left the house for clearing the can of the nature, prior to that the accused came to their house and had a talk with the deceased and the accused informed the deceased that he had gone to Kapasan and her aunt (Bua) had conveyed the message that she is all right. PW 3 Mohan (the husband of the deceased), PW 4 Smt. Lehri (grand mother-in-law of the deceased) and PW 5 Smt. Sangari Bai (mother-in-law of the deceased) are the witnesses to this effect that in the evening of 14.11.86, they were in the field when Smt. Debu left the house and when they returned to the house, the deceased was not found and on the next day her dead body was found and the silver ornaments which the deceased was wearing, namely, Kadias and Totias, were missing. They are also the witnesses who identified these ornaments. PW 6 Jamna Lal and PW 7 Jagdish Chandra Bohra are the two Motbir witnesses of recoveries of the ornaments and the clothes of the deceased. PW 8 Bhagirath is a witness who has seen the accused at about 12.00 in the mid-night in the field dragging a cow. PW 9 Balu Ram is a witness who stated that the accused offered him Rs. 100/- for stating that the accused was with him on the fateful day. PW1O Nand Ram is a witness who has been produced to show that the theft was committed in his house but he has not supported the prosecution case and stated that though the theft took place but all the articles were found in the field. PW 11 Dr. Anil Kumar conducted the post-mortem on the dead body of Debu. PW 12 Rajnish Upadhyaya took the photographs of the dead body of Smt. Debu. PW 13 Kanhaiya Lal Sunar as the witness who allegedly prepared the Kadias and Totias of the deceased but he has stated that he is unable to identify the same. PW 16 Mr. Tara Chand is the Tehsildar who conducted the identification of the ornaments, i.e., Kadias and Totias on 3.12.86. PW 19 Mr. Banshi Mohan Chayal was the then Munsif and Judicial Magistrate, Rajsamand, before whom the accused was produced on 28.11.86 and he took the hair from tile head of the accused for F.S.L. examination, sealed them and take the sealed packet to tile Station House Officer. He has also taken the pieces from the clothes of the accused which were found stained with blood, sealed them and handed over the packet to the Station House Officer. The remaining are the police personnels who are connected with the investigation at one stage or the another. The learned Additional Sessions judge, after considering the evidence produced by the prosecution, convicted and sentenced the accused appellant as stated above.