SHAKTI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant case unfolds a pathetic, chilling and sinister phenomenon whereby the life of an innocent husband has been eliminated from worldly scene by an unfaithful wife and her paramour. Second appellant Smt.Vandana, the wife and her alleged paramour first appellant Shakti Singh, was put to trial on the charge of murder of Piyush, the unfortunate innocent husband.

(2.) Learned Additional Sessions Judge by his judgment dated 21.01.2003, having found the prosecution case proved, convicted both the appellants of offence under Section 302/34 IPC and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs.500/- & in default, to further undergo 15 days' simple imprisonment. Both of them have also been convicted of offence u/s.365 IPC and sentenced each of them to five years' simple imprisonment and to pay a fine of Rs.500/- & in default, to further undergo 15 days' S.I. They have further been convicted of offence u/s.201 IPC and sentenced each of them to three years' S.I. and to pay a fine of Rs.500/- & in default, to further undergo 15 days' simple imprisonment. Learned Judge also found the charge under Section 120B IPC proved and convicted them of the said offence but did not award any separate sentence.

(3.) Briefly stated the prosecution case is that on 1.3.2000, PW 19 Khem Raj submitted a written report Ex.P.40 before the Superintendent of Police, Udaipur, stating that his deceased son Piyush lived in Udaipur alongwith his wife for last two years. He used to run a beetle shop near 'Sukhadiya Samadhi'. On his visit to Udaipur alongwith his wife, he found his son missing since 19th February. His son's house and Cabin were found locked. He contacted his relatives, friends and in-laws of his son at Kankroli but there was no satisfactory response. He submitted another report Ex.P.25 on 3.3.2000 at Police Station, Bhupalpura stating inter alia that he had given a missing report of his son & daughter-in-law on 1.3.2000. It revealed during search that his daughter-in-law i.e. wife of his deceased son Piyush viz; Vandana with the help of her paramour viz; Shakti Singh had kidnapped him. He got the said clue from an S.T.D. Booth at Ashok Nagar. As per the information collected, Vandana, from that STD Booth, used to make call at an STD Telephone No.02952-20819 at Rajnagar. The said call used to be received by P.W.1 Ganesh Kumawat who, in turn, used to arrange her talk with the first appellant Shakti Singh. It was submitted that interrogation from Ganesh might yield something substantial. On this information, the police registered a case for the offence u/s.365 IPC. During investigation, both the appellants i.e. Shakti Singh & Vandana were arrested on 7.3.2000. In pursuance of the specific informations given by both the appellants, a decomposed headless dead body was recovered from the graveyard at Udaipur. It was disclosed that Vandana had taken deceased Piyush, on the pretext of performing 'pooja' alongwith appellant Shakti Singh on a scooter, to an isolated place, where he was killed by hitting stone on the head. Deceased Piyush was beheaded by sword and the body was buried on the bank of river 'Aayad' at Udaipur. In pursuance of another information given by Shakti Singh, a human skull was recovered on 9th March, 2000 from river bed on Rajnagar Highway. The post mortem of the dead body (skeleton) and the skull was performed on 13th March, 2000. In pursuance of the information given by appellant Shakti Singh, a blood stained sword was recovered. The police also recovered the photographs of appellants in romantic pose vide Ex.P.28, 29 & 30. The police also recovered the blood stained clothes of the appellants i.e. tshirt, pants, woolen sweater, saree and blouse. In pursuance of the information given by appellant Shakti Singh, golden chain, ring and wrist watch of deceased were also recovered. The weapon of offence i.e. blood stained stone was also recovered in pursuance of the information given by appellant Shakti Singh. The police also collected incriminating evidence as to the conduct of appellant to the effect that while deceased Piyush was found missing since 19t h February, 2000, both the appellants had lodged themselves in Surya Guest House from 19th to 22nd February. They had also stayed in another hotel on 4t h March at Nathdwara. In between, they travelled to various places upto Nepal. The skeleton and human skull were sent to the Central Laboratory, Hyderabad for DNA Test. DNA of sample blood of parents indicated biological relation of recovered skeleton and skull with parents of deceased Piyush i.e. P.W19 Khem Raj and his wife Bhagwati. After investigation, the police laid the chargesheet against both the appellants for the offence u/ss.302, 302/34, 365/34, 201/34 and 411 IPC.