SLIER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 19-1-88, passed by the Additional Sessions Judge No. 2, Hanumangarh (Camp Suratgarh), by which the learned Additional Sessions Judge convicted the accused-appellant for the offence under Section 302 I. P. C. and sentenced him to undergo imprisonment for life and a fine of Rs. 500/-and in default of payment of fine further to undergo three months' rigorous imprisonment.

(2.) APPELLANT Sher Singh was tried by the learned Additional Sessions Judge No. 2, Hanumangarh (Camp Suratgarh) for committing the murder of his mother-in-law Smt. Mehro Bai on 21. 7. 85 out- side village Siduwala Khiraliya in the escape land by inflicting injuries with a knife. The case of the prosecution is that on 21. 7. 85, accused Sher Singh, alongwith his mother-in-law Smt. Mehro Bai (aged about 65 years) and his daughter PW 1 Sukho Bai, left his village Dhandiya and board a bus from village Jalalabad and came to Bus Stand of Rajasthan Canal. After leaving the bus at 5. 00 p. m. , they proceeded towards village Khileriya, went to the house of PW 4 Govind Ram and took water. From there they proceeded towards village 4 SSPD where PW 2 Smt. Bakho Bai alongwith her husband PW 3 Tota Singh was living. When they reached near the escape, Sher Singh took-out knife and inflicted three/four injuries on the neck of Smt. Mehro Bai and committed her murder. Sukho Bai and Smt. Mehro Bai tried to resist whereupon the accused the reatened his daughter Sukho Bai that she should keep quiet otherwise she would also be done to death. After committing the murder of Mehro Bai, the accused concealed her deadbody in the bushes and left the place. The accused and Sukho Bai thereafter came to Sardargarh, boarded the train and reached to village 3 ND, where the mother of the accused and his other brothers were living and Sukho Bai was left there with her grand mother. PW 4 Pritam Singh had seen the accused, his mother- in-law Smt. Mehro Bai and his daughter Sukho Bai leaving theat Bus Stand of the Rajasthan Canal and he asked PW 2 Bakho Bai-the daughter of the deceased and the sister-in-law of the accused - that the accused, his daughter and mother-in-law had came there by a bus. Whether they had reached her house or not ? On 26. 7. 85, one skeleton was seen by PW 12 Het Ram in the escape which was being carried by the dogs, who reported the matter "to the Sarpanch and thereafter F. l. R. Ex. P. 14 was registered under Section 174 Cr. P. C. PW 13 Mohan Singh, S. H. O. registered the F. l. R. and handed over the investigation to P. W. 9 Modi Ram, who prepared the inquest report and recorded the statement of the witnesses. When PW 2 Smt. Bakho Bai came to know regarding recovery of the deadbody in the escape, she became suspicious that might be the deadbody of her mother. She, thereafter, alongwith her husband, went to village Dhandiya but neither her mother nor the accused was available there. Thereafter she searched for her mother but could not know the whereabouts of her. Then she, her husband and the Sarpanch of the village went to village 3 ND, where they found PW 1 Sukho Bai - the daughter of the accused in the house of her grand mother. On enquiry, Sukho Bai disclosed that her father (the accused) had committed the murder of her maternal grand mother Smt. Mehro Bai in the escape in the Rohi of village Sidhuwala Khileriya. The accused, also met them and on enquiry he made a disclosure that he committed the murder of his mother-in-law in the escape in the Rohi of village Sidhuwala Khileriya. PW 2 Bakho Bai, alongwith her husband PW 3 Tota Singh, thereafter went to Police Stateion Suratgarh and on 1-9-85, lodged the F. l. R. PW 13 Mohan Singh, S. H. O. , after registration of the report, conducted the investigation, arrested the accused and after completion of the investigation presented the challan. The prosecution, in support of its case, examined thirteen witnesses. The accused did not examine any witness in defence. The learned trial Court after trial convicted and sentenced the accused-appellant, as stated above. While convicting and sentencing the accused appellant the learned Additional Sessions Judge placed reliance over the evidence of PW 1 Sukho Bai, the extrajudicial confession made by the accused before the withnesses and the circumstance of last seen of the deceased in the company of the accused. The learned trial court also placed reliance over the recovery of the blood stained knife and the clothes of the deceased as well as the report of the Serologist, though, it was not exhibited in evidence nor was it put to the accused at the time of recording his statement under Section 313 Cr. P. C.

(3.) THE investigating agency, in the present case, has tried to make the case that the deadbody recovered was that of deceased Smt. Mehro Bai by planting the clothes near the skeleton. It appears that the deadbody was of some woman which might have come in the escape through the Rajasthan Canal or it might be of some other lady, but it cannot be said with certainty that the deadbody was of Smt. Mehro Bai.