HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated, 11/03/1987 passed by the Additional District and Sessions Judge, Chittorgarh, whereby the appellant was convicted under Sections 302 and 397 I.P.C. Under Section 302 I.P.C. he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 200.00 (in default of payment of fine to undergo two years R.I.) and under Section 397 I.P.C. he was awarded ten years rigorous imprisonment and to pay a fine of Rs. 200.00 (in default of payment of fine to further undergo one year's R.I.) Both the sentences were ordered to run concurrently.

(2.) A written report, Ex.P. 1 was made at 8 a.m. on 22/04/1983 at Police Station, Kapasan, wherein it was stated that in the night of 21-4-83, the wife of Hira Lal was murdered on her well and the dead body was lying there.

(3.) As per the prosecution case, in the night intervening 21-4-83 and 22-4-83 a 'Satsang' was going on in the temple of 'Sanischar Ji' in the village where the villagers were participating. Mangi Lal Nai, the father-in-law of the deceased Bhanwari and one Mohan Lal Lodha come there and asked the villagers if whether Smt. Bhanwari had come there. The villagers were informed that Smt. Bhanwari had not returned from the field and they were searching her. There-upon. PW-10, Shankar Lal, Sajjan Singh, Bhairu Singh and some other villagers went to the well of Mangi Lal in search of Bhanwari. There they found the dead body of her. There was strangulation on her neck and the lower part of her legs were lying amputated. An axe stained with blood was also lying near the dead body, a pair of shoes was also lying there. Magi Lal identified the shoes to be of the appellant who was working with them. The silver 'Karis' which the deceased was wearing, were found missing from her legs. A written report, Ex.P. 1 was made by the villagers including PW-1, Shankar Lal at Police Station, Kapason. On this report, Crime No. 65/83 was registered under Section 302 I.P.C. Thereafter, inquest report, Ex. P.3, was also prepared in the presence of Pinches. A pair of shoes was seized vide Ex. P.4. One 'Lugri' having blood stains and blood stained earth were seized from the place of occurrence vide seizure memo Ex. P.4. Site inspection note and site plan were also prepared Ex.P. 7 is the site plan and Ex. P. 7A is site inspection note. At 2.30 or 3 p.m. on 22-4-83 the appellant was arrested by G.R.P. Constables Madan Singh and Alauddin while he was roaming in suspicious condition at Railway Station, Chittor. He had silver 'Karis' wrapped in a handkerchief which was tied on his stomach. It was having blood stains. His bush-shirt was also having blood stains. The accused, thereafter, was produced before the Head Constable, Satya Narain at Police chowki Chittorgarh and two silver Karis' were recovered from his body which he had concealed in his 'Banyan' towards back side. The silver 'Karis' and the Kerchief were seized under Section 102 Cr. P.C. The bush-shirt which the appellant was wearing at that time, was also having blood stains. All these articles were seized vide seizure memo Ex. P.13. The appellant was also arrested vide arrest memo Ex. P.16.