SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 11-12-89, passed by the Sessions Judge, Sirohi, by which the learned Sessions Judge convicted accused-appellant Suresh Kumar for the offence under Section 302, I.P.C., and sentenced him to undergo imprisonment for life and a fine of Rs. 1000.00 and in default of payment of fine further to undergo three months' rigorous imprisonment.

(2.) Accused-appellant Suresh Kumar was tried by the learned Sessions Judge, Sirohi, for committing the murder of his wife Smt. Manjula and daughter Kumari Meeku (aged about two years) in his house situated in village Padeev (district Sirohi) near about the Jain Festival in the year 1987 held in the village. Accused-appellant Suresh Kumar was also, tried by the learned Sessions Judge for causing disappearance of evidence of the offence (offence under Section 201 I.P.C.), i.e., the deadbodies of Smt. Manjula and Kumari Meeku, and for the dishonest misappropriation of the property (offence under Section 404 I.P.C.) possessed by deceased Smt. Manjula at the time of her death. The prosecution, in support of its case, examined thirty-two witnesses while the accused, in defence, examined two witnesses. The learned Sessions Judge, after trial, acquitted the accused of the offence under Sections 201 and 404 I.P.C. but convicted and sentenced him for the offence under Section 302 I.P.C., as stated above. Accused-appellant Suresh Kumar, aggrieved of the judgment dated 11-12-89, preferred D. B. Criminal (Jail) Appeal No. 31 of 1990, challenging his conviction and sentence under Section 302 I.P.C. while the State has preferred D. B. Criminal Appeal No. 90 of 1990 (the State v. Suresh Kumar) for enhancement of the sentence awarded to the accused from imprisonment for life to the capital punishment. The State, also, filed S. B. Criminal Appeal No. 112 of 1990 (the State Versus Suresh Kumar) challenging the acquittal of the accused of the offences under Sections 201 and 404 I.P.C. but the same was dismissed by the Hon'ble Single Judge for non-prosecution in the year 1991 and, therefore, the order of acquittal of the accused of the offences under Sections 201 and 404 I.P.C. becomes final.

(3.) The learned Sessions Judge, while convicting and sentencing accused-appellant Suresh Kumar placed reliance over eight circumstances appearing against him and held him guilty for the offence under Section 302 I.P.C. There was no eye witness of the occurrence.