CHAU Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a jail appeal filed by Mst. Chau against the judgment of the Sessions Judge, Bhilwara, dated 14th March, 1977, by which the appellant was convicted under section 201 I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/ - , in default of payment of fine to further suffer rigorous imprisonment for six months.

(2.) The incident that led to the prosecution of the appellant may be briefly stated as follows:-

(3.) In the opinion of the Doctor, death occurred due to shock, haemorrhage and comma caused by multiple ante-mortem injuries on had and other parts of the body. Gyan Chand then handed over the investigation of this case to Prithvi Singh, Deputy Superintendent of Police. Prithvi Singh arrested Mst. Chau on 23rd July 1976 vide memo of arrest Ex. P. 5. After her arrest Mst. Chau furnished an information to Prithvi Singh, while being under police custody, that she had thrown one leg of the dead body into the waters of Anvali river after tying a stone to the leg. The above information was recorded by Prithvi Singh in a memo Ex. P. 6. Later on, Mst. Chau gave him another information that she had thrown another leg of the dead body into a in well known as 'Mendali'well of village Daulpura after tying a stone to it. This information was also reduced into writing by Prithvi Singh in a memo Ex. P. 7. In pursuance of these information the two legs were recovered. One from the water of Anvali river and another from Mendali well at the instance of the appellant. The two legs were taken into possession by the police in the presence of Motbirs and were sent to Dr. D. M. Das for medical examination. Dr. Das examined the legs and gave the following remarks in respect of each leg:-