STATE OF RAJASTHAN Vs. MOHAN BEHARI

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the order of acquittal of Mohan Behari accused respondent passed by the learned Addl. Sessions Judge, Bharatpur on 20-1-1971 in Sessions Case No. 63/1970 (63/70). The accused Mohan Behari was tried by the Addl. Sessions Judge for the offence under Sec. 302 Penal Code for the murder of his wife Smt. Asha.

(2.) The prosecution case, in brief, is that on 19-7-70 at 7.00 a.m. the accused Mohan Behari lodged an oral report at Kotwali, Bharatpur that his wife had committed suicide after burning her clothes. However, on 22-7-1970 some informant (Mukhbar) informed the police that Asha was murdered by the accused by strangulation and thereafter burnt her to conceal this fact. The police registered the case and started investigation. During the investigation it was found that the respondent Mohan Behari had love affairs with one Beena of Jaipur & he wanted to marry that girl. In order to materialise that love affair into marriage the accused murdered his wife by strangulation & then burnt her to conceal the offence and lodged a false report or 19-7-70 alleging that it was a case of suicide. It was further alleged that the strangulation was made by pressing a 'chimta' on the neck of the deceased and on the information furnished by the respondent that 'chimta' was recovered. Thus the prosecution has relied on this recovery under Sec. 27 of the Evidence Act. It was further alleged that a letter Ex. P/6 written by the respondent confessing his guilt was sent by him to the District Magistrate, Bharatpur which was sent by the District Magistrate, to the Police. It contained the confessional statement of the accused respondent.

(3.) The prosecution examined as many as 24 witnesses and produced the confessional letter Ex. P/6 and some other documents from Ex. P/1 to to Ex. P/34. Ex. P/1 is the recovery memo of Chimta. Ex P/20 is the post-mortem report. Ex. P/28 is the site plan with description. Ex. P/30 is the information memo given by the accused regarding the iron 'chimta'. The writing of the letter Ex. P/6 was got compared with the specimen writings of the accused & the opinion of the Expert is Ex P/31. The accused examined Girraj Sharan DW 1. Certain documents from Ex. D/l to Ex. D/12 were also produced by the accused. They include the statement of prosecution witnesses, some money order receipts and the letter from the accused to the Magistrate Bharatpur dated 11-8-70.