RADHA Vs. STATE

JUDGEMENT

(1.) The appellant in appeal No. 402/88 has been convicted under Sec. 302 and 397 of the Penal Code and sentenced to life imprisonment with Rs. 200.00 as fine on charge under section 302 and seven years rigorous imprisonment with Rs. 200.00 as fine for offence under Sec. 397 of the IPC.

(2.) On 12.2.87 at 10.45 PM. one Magni Ram Sarpanch of village Amdi lodged a report at Rajsamand Police Station that at 10 AM, on that date one Chaturbhuj Mali had left his house handing over keys of the house of his mother Smt. Kuku Bai widow of Deva Mali, aged 80 years. When Kanhaiyalal s/o Chaturbhuj and Smt. Kamla D/o Lalu returned home they did not find Kuku Bai at home. They searched for her without any result. At 7.30 in the evening accused Radha returned from Nathdwara to her village Amdi, Kanhaiyalal asked her about Kuku Bai. She initially replied that she had left Kuku Bai in the village itself, but then said that she is visited by a spirit and has not taken any food for last three months and if Urine of a Cow (Gomutra) in a plate is brought to her she may find out where abouts of Smt. Kuku. On Kanhaiyalal complying with the requirement Radha called the spirit and while being possessed of the spirit told them that the where abouts of Smt. Kuku will be known next day at 12.00 Noon. Thereupon Kanhaiyalal exhorted her to find out the where abouts of Kuku, there and then as children were hungry and the keys of the house were also with grand mother Kuku, Radha then asked him to call some more people. Then Kanhaiyalal called Ramlal Mali, Udairam Mali, Bherumali and Unkar Kumawat and in their presence Radha disclosed that Kuku was lying dead in the compound of Mana Ba Kumawat both of her ears had been cut and nobody should reach the spot as two persons were sitting there on guard with guns, who would kill anyone who went there. Kanhaiyalal and party then went to the compound, of Mana Ba where in a corner Kuku's dead body was found lying under a plastic cover. She was strangulated and both of her ears were cut. The dead body was covered by stones up to chest. Gold earing called 'Oganiya' six in number which she was wearing three in each ear were not there on the dead body, but silver ornaments worn in the hands and legs were there. Kanhaiyalal thereafter gave this information to the Sarpanch who lodged the FIR and told him, that during the day Radha had come for borrowing Rs. 200.00 and was sitting with Kuku Bai and he suspected that Kuku Bai had been murdered for robbing her of these gold earings worth Rs. 8000.00 which may be identified by Smt. Nandu, Smt. Dakhu, Smt. Laxmi.

(3.) A crime was registered and investigated. The accused Radha was arrested on 17.2.87 and on her interrogation it came to light that she alongwith one Laxman had given the gold earings to Yashwant Saraf of Nathdwara in exchange for a Gold Chain and Rs. 2410.00 cash. On the information of the appellant the gold earings, Chain and cash were recovered and on her information blood stained clothes and an axe was also recovered from her possession. The appellant was tried, convicted and sentenced as aforesaid.