RADHA KISHAN Vs. THE STATE

JUDGEMENT

(1.) These are two appeals against the judgment of the learned Additional Sessions Judge, Tonk dated 16th Appeal 1971, whereby the accused appellant Radha Kishan was convicted and sentenced under Sec. 302 IPC to imprisonment for life. The other accused Sahdeo was acquitted of the charge framed against him The State has filed an appeal against the acquittal of Sahdeo, while the accused appellant Radha Kishan has filed an appeal against his conviction. As both these appeals arise out of the same judgment, they are being disposed of by this single judgment.

(2.) The facts of the case, in brief, are that Jagannath Meena, resident of village Nagadia was married to Mst. Motia about 20 years before the date of the occurrence, As no child was born out of this union, Jagannath contracted 'nata' with another woman whose name was also Motia. After this 'nata' the previous wife was commonly known as "Badi Motia" and the second wife as "Chhoti Motia". On the night of 3rd January, 1971, it is alleged, Jagannath went to the house of the Badi Motia with a special dish of meat, and had returned to the house of Chhoti Motia, after Badi Motia had her meals. On the morning of 4th of January, 1971 when in the morning, Jagnnath came to the house, where Badi Motia lived to untie his bullocks, he found that the Badi Motia was missing. Reports were made to search Badi Motia in the village. Search was also made in the neighbouring village; but she could not be traced out. On 12th January, 1971, Prema and Gopal, who were grazing sheep and goats, noticed some vultures hovering in the sky near a place known as "Gadri Talai". When they went there, they found a portion of human leg emerging out of sand. Gopal remained there; while Prema went to inform Jagnnath about all this Jagnnath after having made some arrange menu to call his brother Raghunath from Kaleda on phone, came to the spot. On 13th January, 1971 Raghunath lodged a report with the police regarding the murder of Badi Motia. After the investigations, the accused -appellant Radha Kishan and Sahdeo were challaned under Ss. 302 201, 404/34 and 404 IPC, and committed to face their trial in the Court of sessions.

(3.) On behalf of the accused -appellant Radha Kishan it was contended that there is no direct evidence implicating the accused -appellant Radha Kishan for the murder of Badi Motia. It was also contended that the information given to the police under Sec. 27 of the India Evidence Act was also not in conformity with the requirements of that section, and the recovery made in consequence there of does connect the accused -appellant with the murder of Badi Motia. It was also contended that there is evidence on record suggesting that Badi Motia had illicit -connections with Mahadeo, and that Badi Motia gave something to eat to Jagnnath which resulted in the loss of his speech. It was, therefore, suggested that Badi Motia might have been sore as a result of 'nata' of Chhoti Motia with Jagannath and also on account of the fact that Jagannath did not relish, and was objecting to the continuance of illicit connection of Badi Motia with Mahadeo.