STATE OF RAJASTHAN Vs. NANU RAM

JUDGEMENT

(1.) THIS appeal by Nanuram is directed against the judgment dated October 14, 1976 of the learned Additional Sessions Judge, Sri Ganganagar whereby he convicted the accused -appellant Nanuram under Section 302, I.P.C. and sentenced him to death.

(2.) TERSELY speaking, shorn of necessary details, the prosecution case, as disclosed at the trial is that PW. 4 Shri Chothu Ram, his wife Mst. Lichhma (since deceased) and the accused Nanuram with his family used to reside in the same compound. PW. 4 Choturam and accused -appellant Nanuram used to work as 'Seeries' of PW. 1 Sultan Singh. Nearby 40 days prior to the date of the occurrence Mst. Lichhma (deceased) had given birth to a child On the fateful day the accused -appellant Nanuram was working on the fields in which tubewell is situated only PW. 4 Choturam was working at a little distance from those fields. Mst. Lichhma (deceased) used to habitually wear silver 'Hansali' Article 2 and a pair of silver 'Kadi' Article 3, and a gold facsimile of 'Pabuji' in a locket form tied with a black thread. On the date of incident Mst. Lichhma (deceased) in the company of PW. 5 Mst. Pepli and Mst. Charanki went to fetch grass. Nearly at 12 in the noon after cutting grass and tying it in bundles all the three started back for their home. When they reached near the well of P.W. 1 Sultansingh, Mst. Lichhma went to drink water for quenching her thirst and the remaining two girls proceeded towards their home. After that PW. 3 Chetamam saw Mst. Lichhma (deceased) drinking water and then going towards her field. Thereafter Mst. Lichhma was not seen alive. As Mst. Lichhma did not reach her house on the expected time and her newly born baby was weeping so PW. 5 Mst. Pepli came back to the well of PW. 1 Sultan Singh. She could not find he? mother. Accused -appellant Nanuram met her in the way, who took her to her father in the field where he was working. She informed her father that her mother had not reached home and thereafter all the three started to search Mst. Lichhma. Accused -appellant Nanu ram remained in the field known as tube -well -wala field. P.W. 5 Mst. Pepli and her father P.W. 4 Choturam came to their home. Inspite of a hectic search the whereabouts of Mst. Lichhma could not be traced out. In the morning of September 18, 1975 the dead body of Mst. Lichhma was found in the cotton field of Dularam Sultansingh. A first information report of this occurrence was lodged at the Police Station, Hindumal Kot on September 18, 1975 at 12.30 pm. by P.W. 1 Sultansingh. The distance between the Police Station and the place of occurrence is 10 miles. P.W. 15 Ramswarup, Station House Officer, Hindumal Kot after recording the first information report Ex. P. 1 registered the case under Section 302, I.P.C., and went on the scene of occurrence. He prepared a site -inspection memo Ex. P. 10, inquest report Ex. P. 3, and description memo of the dead body Ex. P. 2. A small string lying near the dead body was also seized by him vide Ex. P. 4. Pieces of blood -stained black thread and the clothes of Mst. Lichhma were seized vide Ex. P. 9 and Ex P. 8 respectively. The autopsy on the dead body of Mst. Lichhma deceased) was performed by PW. 16 Dr. Ramlal Goyal, who noticed 9 external incised wounds on her dead body. The post -mortem report is Ex. P. 33. On September 20, 1975 the accused -appellant Nanuram was arrested. The appellant expressed his desire to get the ornaments Ex. 1 to Ex. 3 recovered from the place where he had concealed them. The information was reduced into writing, and has been marked as Ex. P. 21. In pursuance of this information the accused took the Sub -Inspector of Police and the attesting witnesses to the field of Dularam Sultansingh known as tube -well field and took out the silver and gold ornaments from stock of chaff. The seizure memo is Ex. P. 11. The articles recovered were seized and sealed in presence of the Motbirs on the spot. The Panchnama Ex. P. 11 bears the signatures of the Investigating Officer. two attesting witnesses and the thumb -impression of the accused -appellant. On the same day the accused -appellant expressed his desire to get the spade ('Kassi') recovered from a corner of his room where he had placed it after the murder. The information was reduced into writing and has been marked as Ex. P. 22. In consequence of the above information the accused led the police party to his house and got the spade ('kassi') recovered. As the spade ('kassi') had some blood -stains on it, it was seized and sealed in presence of the attesting witnesses PW. 10 Dedaram and PW. 12 Hazari. The seizure memo is Ex. P. 18. Thereafter the accused further expressed his desire to get the blood stained shirt recovered from his house. This information was reduced into writing and has been marked as Ex. P. 23. In consequence of the above information a blood stained shirt was seized and sealed. The seizure memo is Ex. P. 14. The articles recovered from the possession of the accused and from the scene of occurrence were sent to the Director, State Forensic Science Laboratory, Rajasthan, Jaipur, whose report is Ex. P. 24. The articles were also sent to the Serologist, Government of India, Calcutta. The report is Ex. P. 25.

(3.) THE police after usual investigation submitted a challan against the accused -appellant Nanuram in the Court of Additional Munsiff -Magistrate, Sri Ganganagar, who committed the accused to stand his trial under Sections 302, 376 and 379 I.P.C.