HAZARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Hazariya was convicted under Section 302, I. P. C. and sentenced to imprisonment for life with a fine of Rs. 100/-, in default of the payment of fine to further undergo three months' rigorous imprisonment by the learned Additional Sessions Judge, Nagaur by his judgment dated March 19, 1981. He has come-up in appeal and challenges his conviction.

(2.) BRIEFLY stated, the prosecution case is that the deceased-victim Poosa Ram Dholi was the husband of Smt. Sohini alias Prem (co-accused acquitted by the trial court ). They were residents of village Barawata tehsil Sambhar district Jaipur. Poosa Ram was one-eyed person and had prominent scar marks of small-pox on his face. He was a man of lean and weak constitution Accused Hazariya came in contact with this couple. It is suggested that illicit intimacy took place between the appellant and Smt. Sohini. The appellant brought the couple to village Chhapri Badi tehsil Deedwana district Nagaur and all the three i. e. the appellant and the couple, started working at the well of PW 8 Ganpatsingh. At times, they also used to work as labourers with some other persons. They raised a hut in the field of Ganpatsingh and lived therein.

(3.) ADMITTEDLY, there is no direct evidence in the case. The prosecution case rests squarely on the circumstantial evidence. For case and convenience, the circumstantial evidence may be categorised in the following heads:- 1) In the night between July 2/3, 1979, appellant Hazariya was seen with one man and one woman coming from the side of village Chhapri and going towards Deedwana. The appellant and one woman were seen returning from Deedwana side and going towards village Chhapri after some time in village Daulatpura. The witness speaking on this count are PW 1 Shaitansingh, PW 7 Mohan, PW 11 Hanumana Ram and PW 13 Ramesh-war; 2) the appellant, the deceased Poosaram and the co-accused Smt. Sohini were living together in village Chhapri Badi at the well of PW 8 Ganpatsingh, who had provided employment to them. They lived there for some days and thereafter all of them went away together. The witnesses speaking in this behalf are PW 8 Ganpatsingh, PW 12 Jeewansingh and PW 18 Smt. Kamla; 3) when the appellant Hazariya was arrested on July 17, 1979, he was wearing pent (Article 2) and bushirt (Article 3 ). These clothes were seized and sealed Blood was found on bushirt (Article 3) though it could not be ascertained whether it was of human origin or not; 4) in consequence of the information furnished by the appellant, one Farshi ( Article 1) was recovered from a place not far from the sand-dune where the dead body was found hurried: 5) illegal intimacy had developed between the appellant and the deceased's wife Smt. Sohini. It served as a motive for the appellant to finish Poosaram for ever; and 6) the appellant took the police and Motbirs to the spot on July 19, 1979 where the dead body was found earlier on July 6, 1979.