AMRI AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mst. Amri and Dhanna have preferred separate appeals against their convictions and sentences recorded by the learned Sessions Judge, Dungarpur. They have been sentenced under Section 302, IPC to undergo life imprisonment and pay a fine of Rs. 100/- and under Section 201, IPC to undergo 2 years R. I. and pay a fine of Rs. 100/-. Both the substantive sentences were ordered to run concurrently.

(2.) The case relates to the murder of Bada (70 years). It is on 3-1l-1978 Harji informed Station House Officer, Police Station, Simalwada that there was a dead body floating in the well situated near the school. On this report proceedings under Section 174, Cr. P.C. were held. The dead body was taken out and post-mortem was got done by Dr. Shantilal Jain, P. W. 12. When the deal body was taken out of the well, that was identified as that of Bada who according to the family members was missing for some days. Thereafter, a case under Section 302, I.P.C. was registered and regular investigation started. The police arrested the accused persons, recovered their clothes and the Kulhari at their instance and from their possession. Some evidence regarding enmity was also collected. After completion of the investigation, the challan was submitted. The learned Sessions Judge framed charges under Sections 302 and 201, I.P.C. against both the accused-appellants who pleaded not guilty. The prosecution examined P.W. 1 Harji, P.W. 2 Deva, P.W. 3 Soma, P.W. 4 Lalit Mohan, P.W. 5 Kuber, P.W. 6 Kalji, P.W. 7 Kalidas, P.W. 8 Vakta Ram, P.W. 9 Phula, P.W. 10 Marta, P.W. 11 Baimaji, P.W. 12 Dr. Shantilal Jain and P.W. 13 Chandra Nath, S.H.O. In the statement recorded under Section 313, Cr. P.C., the accused denied the correctness of the statement of the witnesses. They produced no evidence in defence. The learned Sessions Judge after hearing the arguments of the learned Counsel for the parties found that it were the accused persons who had committed the murder of Bada and they had also concealed the dead body. Eventually the accused were convicted and sentenced as stated above.

(3.) We have heard learned Counsel for the appellants and the learned Public Prosecutor appearing for the State-respondent.