MANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Manji was charged alongwith two other accused persons Pariya and Parthiya u/s. 302 read with S. 302/34 I.P.C. and S. 394 I.P.C. for committing the murder of Smt. Vaktu and for robbery of properties of Smt. Vaktu and Smt. Lali (silver hansli from Smt. Vaktu and silver tagli from Smt. Lali). The appellant was convicted u/s. 302 T.P.C. for life and Rs. 50/- fine and in default, one month's rigorous imprisonment and u/s. 304 I.P.C. for seven years' rigorous imprisonment and fine of Rs. 50/- and in default, one month's rigorous imprisonment to be run concurrently by the Sessions Judge, Udaipur, by his judgement dated 30-8-86, against which the present appeal is filed.

(2.) The Prosecution case in short is that on 9-7-84 Smt. Kalki PW 1, Smt. Lali PW 2, Thawara PW 3 and deceased Smt. Vaktu were returning for their village from the field. When they reached near first turning on Jaisamand Gawadi Road, three persons came from behind and relieved Smt. Vaktu of her silver hansli and Smt. Lali of her silver tagli. The ladies resisted and the three accused persons had given beating to them. The accused-appellant Manji inflicted a knife injury on Smt. Vaktu on the neck, as a result thereof, she had succumbed to the injury. Thereafter all the three accused persons ran away from the spot. After investigation, the police had arrested them on 2-8-84.

(3.) It is contended by the counsel for the appellant that the accused-appellant Manji has been falsely implicated. The identification parade conducted cannot be relied upon as the accused persons were shown to the witnesses prior to identification.