SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHARACTER of appellant Poonam as revealed in the instant case reminds us the Bengali word `heyali' which suggests some one who is a puzzle to other being inscrutable and imponderable. A woman with such proclivities is called `heyali'. Poonam who got married to Om Prakash (since deceased) made him to weep. With her new tricks she created confusion and started love making with her `devar' Shyam Singh (appellant ). With the help of Shyam Singh she made a plan to liquidate her husband Om Prakash. She persuaded Om Prakash to take her on scooter to Saiyad Baba's place at village `meer ka Basai for changing her `tabiz'. Shyam Singh and Dashrath Singh followed them in a truck. On pursuation of Shyam Singh and Poonam, Om Prakash agreed to come back on the truck. Poonam and OM Prakash got themselves alighted on the truck. Their scooter also got loaded on it. Shyam Singh who was driving the truck got it halted at a lonely place. Shyam Singh and Dashrath Singh then pushed Om Prakash on the road and inflicted knife blows on his person. As per the plan scooter was unloaded and leaving Poonam there Shyam Singh and Dashrath Singh fled away with the truck. Giving the incident a colour of accident Poonam then lodged false report with the averments that while she and her husband were coming on the scooter, a truck pushed them from behind and her husband was given beating by the persons who came in the truck. But the heartless play of Poonam tormented her veryself. She herself was entangled in the web knitted by her. In the course of investigation it was revealed that Poonam, Shyam Singh and Dashrath Singh were the real culprits and all the three shared common intention in committing murder of Om Prakash. Learned trial Judge vide judgment dated May 28, 2002 convicted and sentenced them as under :- U/s. 302/34 IPC : Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer simple imprisonment for one year. U/s. 201 IPC : Each to suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further suffer simple imprisonment for six months. The substantive sentences were ordered to run concurrently. Since Dashrath Singh died during pendency of appeal, his appeal stood abated.

(2.) THE prosecution case as unfolded during trial is that on November 12, 1999 Poonam submitted a written report (Ex. P/45) at Police Station Behror to the effect that on November 11, 1999 at 3 PM she and her husband Om Prakash went to Saiyad Baba's place at Meer-ka-Basai on Scooter for changing `tabiz'. While returning in the night around 11-12 PM when they reached near Hanuman temple one truck hit the scooter from behind, due to which both of them fell down. THEreafter two persons got down of the truck and gave beating to her husband. She some how escaped by hiding herself behind the tree. THE persons after beating her husband went on the truck towards Alwar. AFter some time one jeep came from the side of Alwar. She got the jeep stopped and took her husband to hospital where he died at 2 PM. On that report a case was registered and investigation commenced. During the course of investigation it was revealed that Poonam married with Om Prakash on May 12, 1999 and they were residing in a rented room at Behror. Shyam Singh (Mausera Bhai of Om Prakash) had illicit relations with Poonam. Finding Om Prakash, a hurdle in the love making, Poonam and Shyam Singh made a plan to take Om Prakash to Meer-ka-Basai at Saiyad Baba on the pretext for making a talisman. Om Prakash and Poonam went through scooter No. UNP 5990. Shyam Singh and Dashrath followed them by vehicle Tata-407 bearing No. RJ 02/g 3268. While they were returning from Meer-ka- Basai the scooter was loaded in the vehicle Tata-407 and on the way near Roondh, a lonely place, they got the vehicle halted pretending to remove the defect. Shyam Singh and Dashrath pushed Om Prakash down and caused blows with rod and knife on his person and made him unconscious. thereafter they unloaded the scooter from the vehicle and fled away with their vehicle leaving poonam on the spot. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Behror District Alwar. Charges under sections 302/34 and 201 were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 25 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness was however examined in defence. Learned trial judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) FOURTH incriminating circumstance established by the prosecution is that the report (Ex. P/45) lodged by Poonam about the accident of scooter, was found false. According to Satish Kumar IO (PW-24) Poonam submitted written report (Ex. P/45) to him at Behror hospital on which endorsement was made by him. In that report Poonam stated that while she and her husband were coming on the scooter, a truck pushed them from behind as a result of which she, her husband and scooter fell down. Two persons then got down of the truck and gave beating to her husband. At that time she got herself hidden behind a tree. After the assailants left, a jeep came. She narrated the incident to jeep owner who had called Pradhan. Information of the incident was communicated to police. Her husband was taken to hospital where he died. Scooter seized from the spot was mechanically examined by Dhanna Lal MTO (PW-13) and report (Ex. P/21) was drawn. As per the said report no marks of accident were found on the scooter. Even Poonam did not sustain any injury.