SULTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief narration of the facts necessary for the adjudication of the question involved in this appeal is that on 31-5-1976 at 2 p.m. an F.I.R. was lodged by Mani Ram PW. 2, uncle of the accused-appellant Sultan Ram, alleging that his elder brother Ganesha Ram resides in his dhani at 3 KSD along with his two married sons Sultan (accused-appellant), Sahab Ram (PW. 4) and other members of the family. At about 3 a.m. Lachhu Ram (PW 3) son of Ganesha Ram came to his dhani and informed him that Sultan has killed his wife Rupa. On this information, he went to the house of his brother along with Thakur Ram. There they saw on the northern side of the 'bakal' Smt. Rupa lying dead. Ganesha informed him that Sultan had killed his wife by throttling her and after committing the act he had run away. Sultan was not found there. In the morning Lachhu was sent on a camel to 2 KSD. When he returned he informed that Ganesha Ram was seen hanging near the canal, they reached the spot and saw Ganesha Ram hanging. On this information, the police started investigation.

(2.) The accused was arrested on 4-6-1976 and was later on sent to judicial custody on 10-6-1976. Post mortem of the dead-body of deceased Rupa was conducted by P.W. 12 Dr. Sahdev Singh Shekhawat on 31-5-1976. Accused-appellant's confessional statement admitting the guilt was recorded by Munsiff Magistrate Shri Hazari Lal PW 9 on 11-9-1976. The trial Court after trial has found the accused-appellant guilty under Section 302, I.P.C. for committing the murder of his wife and sentenced him to undergo life imprisonment. While convicting the accused the learned Sessions Judge has relied upon circumstantial evidence that (i) accused and the deceased were last seen together before the death of deceased Rupa, (ii) after hearing the cry of the deceased the witnesses reached the spot and they did not find the accused present, (iii) there was difference of age - the deceased being older than her husband (accused) which caused inferiority-complex in the accused prompting him to commit the crime,(iv) the death was caused by squeezing the neck with hands and the accused had an opportunity to do that, (v) the accused remained absconding after the incident and was produced at the police station by his uncle Mani Ram, and (vi) the accused has admitted his guilt before the Magistrate under Section 164, Cr. P.C. According to the learned Sessions Judge the circumstances are sufficient to point the finger of guilt towards the accused and exclude all reasonable possibilities of any other person committing the crime.

(3.) Prosecution witnesses PW. 3 Lichhu Ram is the younger brother of the accused-appellant. He has stated that Kalawati, younger sister of deceased Rupa was married to his another brother Sahab Ram who used to sleep in the angan whereas Sultan and his wife used to sleep in the bakal. He, his father and mother used to sleep near the diggi outside the house. He has further stated that Sultan was not present at the house on the day Rupa died, he had gone to their field for irrigation and had not returned. After the death of Rupa he went to call Sultan at the field but he (witness) did not find him there. He has further stated that after the death of Rupa he found his father Ganesha Ram scared and he had said that he committed a mistake and the police would apprehend him. Thereafter, he left the place. In the morning he saw his father hanged. He further stated that his father was not happy with Rupa on account of her having acquaintance with one Rup Ram Bawari. PW 4 Sahab Ram is brother of the accused who has stated that on the fateful night Sultan was not present in the house and had gone to the fields for irrigating. On the relevant day, his wife was sleeping in the angan whereas Rupa (deceased) was sleeping alone outside the dhani. His father Ganesha was not happy with Rupa because of her intimacy with Rup Ram Bawari. His father had informed him after the death of Rupa that he had committed a mistake and the police will round him up. He had also said that the police will arrest him on account of the death of Rupa and, thereafter, he went away. Kalawati P.W. 5 is younger sister of deceased Rupa. She has deposed that she used to sleep along with her husband in the angan and Rupa along with her husband Sultan used to sleep outside the house. Her parents-in-law and other members of the family used to sleep near the diggi. On the relevant day, she woke up hearing the cry of her sister. She went to her mother-in-law and told her that she heard the cry of Rupa. On that they went to the place where Rupa was sleeping and they saw her dead. Sultan was not present there at that time. She also said that she observed Ganesha to be scared and upset for something. PW. 6 Paro is the mother of the accused. She has narrated that number of persons used to sleep outside the house. Kalawati had awakened her and they say Rupa dead. Sultan was not present there. She has deposed that at about 9-10 Sultan had gone to irrigate the fields and Rupa was sleeping alone. She had acquaintance with one Rup Ram Bawari and Ganesha Ram was annoyed with her over it. Ganesha appeared scared and said that police will arrest him.