DALLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals are directed against one and the same judgment of the learned Additional Sessions Judge, Rajsamand dated July 16, 1986, they were heard together and are decided by a common judgment. By the judgment aforesaid, the Additional Sessions Judge convicted the accused Dalla under S.302 and accused Smt. Bhanwari under S.302/34, I.P.C. and sentenced each of them to imprisonment for life and a fine of Rs.1000/-, in default of the payment of fine to further undergo two years' rigorous imprisonment. The Sessions Judge also convicted the accused Dalla under S.201, I.P.C. and sentenced him to two years' rigorous imprisonment and a fine of Rs.500/-in default of the payment of fine to further undergo six months' rigorous imprisonment. The accused have come up in appeals and challenge their conviction.

(2.) Succinctly stated, the prosecution case is that the deceased Kishan Singh Rajput was the father of P.W.5 Raisingh, P.W.6 Khemsing, P.W.7 Khumansingh, D.W.1 Kumari Sayari and husband of accused Smt. Bhanwari. He was living with them in his house in village Matri P.S. Nathdwara. Kishan Singh was a Compounder in the Government Hospital, Nathdwara. He used to take up and down journeys from his village to Nathdwara to attend his duty. On Friday preceding August 23, 1983, Kishan Singh came from the hospital and reached his house at about 10.00 P.M. He took his meals and retired to sleep. While he was asleep, accused Smt. Bhanwari and D.W.1 Kumari Sayari went outside the house and came back with accused Dalla with them. Accused Dalla came with a big stone in his hand weighing nearly 20 kilograms. Accused Smt. Bhanwari sat on the chest of Kishan Singh and D.W.1 Kumari Sayari caught his feet. Accused Dalla struck three blows with the stone on the head of Kishan Singh. He thereafter pressed his throat. DW 1 Kumari Sayari also struck a few blows with the stone on the head of Kishan Singh. Kishan Singh passed away instantaneously on the spot. The incident was seen by P.W.5 Raisingh, P.W.6 Khemsingh and P.W.7 Khuman Singh. Accused Smt. Bhanwari threatened them with dire consequences in case they divulged the secret. The dead body of Kishan Singh was taken outside the house and was buried in a pit When the whereabouts of Kishan Singh could not be traced out for three or four days, P.W.1 Devisingh went to Police Station, Nathdwara and lodged report Ex.P.1 of the occurrence. It was mentioned therein that foul smell was emitting from the place situate near the house of Kishan Singh. The police registered a case under Ss.201 and 302, I.P.C. and proceeded with investigation. The Station House Officer Badami Lal (P.W.17) arrived on the spot. The dead body of Kishan Singh was disinterred from the pit and inquest report was prepared. The post-mortem examination of the victim's dead body was conducted by P.W.16 Dr.S.K. Lodha the then Medical Officer Incharge, Government Hospital Nathdwara He noticed some external injuries over the dead body. He was of the opinion that the cause of death of Kishan Singh was asphyxia resulting from strangulation of throat. The duration of the death was stated to be three to six days preceding the post mortem examination conducted on August 23, 1983. The post-mortem report prepared by him is Ex.P.8. Two persons Prithvisingh and Bhanwarsingh were arrested by the investigating officer on August 26, 1983. In consequence of the information furnished by Prithvisingh, blood-stained soil, stone, spade and getti were recovered from his house. The investigation thereafter changed hands and it was entrusted on Sept.11, 1983 to the Deputy Superintendent of Police, Mr, Dulli Chand Sharma (P.W.20). He once again recorded the statements of Raisingh, Khemsingh and Khumansingh, according to whom their father Kishan Singh was killed by their mother Smt. Bhanwari, sister Kumari Sayari (D.W.1) and appellant Dalla. These three persons were thereafter arrested by the Deputy Superintendent of Police. On the completion of investigation, the police presented a challan against the accused Dalla, Smt. Bhanwari and Kumari Sayari in the Court of Munsif and Judicial Magistrate, Nathdwara. The police further prayed that Prithvisingh and Bhanwarsingh who were earlier arrested during investigation be released under S.169, Cr.P.C. The learned Magistrate disallowed this prayer of the police and refused to release Prithvisingh and Bhanwarsingh. However, the case of Bhanwarsingh was referred to the Childrens' Court as. he was found below 18 years in age. The learned Magistrate committed the case for trial to the Court of Session, who conducted the trial against accused Dalla, Smt. Bhanwari, Ku. Sayari and Prithvisingh. The learned Sessions Judge, by his order dated August 6,1984 discharged Prithvisingh and framed charges under Ss.302 and 201, I.P.C. against accused Dalla, Smt. Bhanwari and Ku. Sayari, to which they pleaded not guilty and claimed to be tried. It was contended on behalf of Ku. Sayari that she was below 18 years of age and as such she could not be tried by the Sessions Judge and that her case should be referred to the Childrens' Court. This prayer found favour with the Sessions Judge and he, by his order dated June 25, 1985 dropped the trial against Ku. Sayari and referred her case to the Childrens' Court. There, thus, remained accused Dalla and Smt. Bhanwari to face the trial. In support of its case, the prosecution examined 20 witnesses and filed some documents. In defence, the appellants examined three witnesses including Ku. Sayari (DW1). According to the appellants, they were innocent and have been falsely implicated by Manoharsingh and others. The real culprits were Bhanwarsingh and Prithvisingh, who had committed the murder of Kishan Singh. On the conclusion of trial, the learned Sessions Judge found the prosecution case substantially true against the appellants and no worth in the defence raised by them. The appellants were consequently convicted and sentenced as mentioned at the very outset.

(3.) We have heard Mr. M.C. Bhandari, learned counsel for the accused Dalla, Mr. Mridul Jain, learned amicus curiec for the accused Smt. Bhanwari and the learned Public Prosecutor. We have also gone through the case file carefully.