TULSI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the Judgment dated 3.8.1988 passed by learned Additional Sessions Judge, Beawar, whereby he convicted the appellant for the offences Under section 302 Indian Penal Code and sentenced her to life imprisonment and imposed a fine of Rs. 500.00. In default of payment of fine she was further directed to undergo R.I. for one year. He also held the appellant guilty for the offence Under section 201 Indian Penal Code and sentenced her to two years R.I. and a fine of Rs. 200.00 and in default of payment of fine R.I. for six months.

(2.) Briefly, the relevant facts are that the appellant-Tulsi was married to deceased Devi Singh. The deceased was living separately from his brothers and there was some dispute regarding their ancestral land. It is alleged that the deceased Devi Singh after consuming liquor used to quarrel with the appellant. He also used to maltreat and harass her. It is the case of the prosecution that on or about 20.1.1988 appellant Smt. Tulsi committed murder of her husband-Devi Singh by inflicting injuries to him by a 'Katari', that thereafter she buried his dead body a room situated in the house and thus caused disappearance of the evidence of the said offence. On 26.1.1988, she lodged a report in Police Station, Beawar to the effect that on 20.8.1988 at about 7.00 PM. her husband Devi Singh had left his house, saying that he was going to the octroi post and at that time he was having Rs. 350.00 with him but thereafter he did not return. She also reported that despite search made by her Devi Singh's whereabouts could not be known. She further reported that Devi Singh was putting on a brown coloured Bushirt, white Dhoti, RT. Shoes and sky blue socks. The police recorded the said report Ex.P 2 in the daily diary (Ex.P 21). On 30.1.88, PW-1 Mithu Singh, brother of the deceased, submitted a written report (Ex.P 1) at police station Sadar, Beawar to the effect that his brother Devi Singh was missing since 20.1.88, that Ram Singh (PW 8) had informed him that Smt. Tulsi was weeping in her husband and that she had asked him to make search of her husband in wells and 'Bavris' including 'Tikranawali Bavri'. Mithu Singh also mentioned in his written report that thereupon his mother Smt. Keshi, brother Kishna and others went to the said well, where they noticed shoes lying therein. On 30.1.88 in the morning he alongwith his brother went to the said well, it was a dry well and wherein they noticed a pair of shoes and some clothes, that thereupon they enquired from Smt. Tulsi as to from whom she could know about the fact that pair of shoes and the clothes were lying inside that well, to which she replied that some kids had told her about the sdme. Mithu Singh further mentioned in his report Ex.P 1 that when he went inside a vacant room of her house and found that that the floor of that room was raised. Thereupon he dugg its floor and noticed a 'knee' of a dead body. He also noticed foul odour emanating from the dead body. He informed about this to his brother-Kishna. Mithu Singh also mentioned in report Ex.D 1 deceased Devi Singh used to quarrel with his wife Tulsi and who after committing his murder had buried his dead body there.

(3.) PW-10 Ratan Singh ASI drew FIR Ex.P 2 rushed to the house of the appellant, where in presence of PW-5 - Mahesh Narayan, Tehsildar and motbirs, the dead body of Devi Singh was taken out by digging the floor of that room and Panchayat nama (Ex.P 3) and Site Plan (Ex.P. 4) was drawn. The Investigation Officer lifted the blood stained soil and control sample. He also noticed blood stains on a 'Niwar' of a cot lying in another room of appellant's house. The wall of the room was also found stained with blood. The Investigating Officer took the blood stained lime by scratching the wall, and seized the blood stained 'Niwar' of the cot and 'Gudra'. It is alleged that the appellant was putting on a yellow 'odhana' and a 'ghaghara' (skirt) having blood stains, which were also seized vide Seizure Memo Ex.P 13. It is the case of the prosecution that the appellant in pursuance to her disclosure statement (Ex.P 19) got recovered a blood stained Katari concealed underneath slabs from her house vide recovery memo Ex.P 16. A spade was also recovered at her instance from her house vide recovery memo Ex.P 22, a spade in her house (Ex.P 22).