SARMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MST . Sarmi has been convicted by the Additional Sessions Judge, Sirohi, under Section 302 IPC for the murder of her mother -in -law Mst. Roopi by his judgment dated January 29, 1982, and sentenced to imprisonment for life along with a fine of Rs. 100/ - and in default of payment of fine to rigorous imprisonment for one month. She has come in appeal to this Court.

(2.) PROSECUTION case, in brief, is that the deceased Mst. Roopi was mother of Bhaira (PW 4) who is resident of village Telpi -khera, Tehsil Sirohi. Ghaira was the only son of his father named Husa. His father expired in the year 1972 or 1973. Bhaira had been married to Devli of village Isra. Devli had given birth to a daughter from Bhaira named Paboo. However, relations between Bhaira and Devli became strained and Bhaira deserted Devli. Paboo continued to live with Bhaira. The appellant Mst. Sarmi was brought by Bhaira in 'nata' soma time in the year 1973 of 1974. Mst. Sarmi gave birth to two daughters from Bhaira. It is alleged that the appellant used to ill treat Paboo (daughter of Bhaira from Devli) and used to beat Bhaira, therefore, did not want to keep the appellant also with him. He sent the appellant back to her parents through her father Kela and brother Chatra. He had told them that he will not keep the appellant with him. The appellant had been sent back to her parents house by Bhaira about a month before the incident. However, the appellant voluntarily came back to the house of Bhaira and despite being told by the latter that he will not keep her, she insisted that she will live with him and will not go back. On the date of the incident i.e. on the evening of October 30, 1980, Mst. Roopi, mother of Bhaira, had gone to the nursery of the forest Department at about 5 or 6 p.m. to collect grass. At that time, the appellant was in the house of Bhaira in village Telpi -Khera. After some time the appellant also went out from the house, while Bhaira remained at his house. After some time thereafter Sameera (PW 5), who is sister's husband of Bhaira, came to the house of Bhaira and informed him 'nata' wife Mst. Sarmi had murdered his mother Mst. Roopi. Bhaira went near the forest nursery and found her mother lying dead near the nursery with several injuries on her body. Sameera (PW 5) and his sister's husband Rawata (PW 7) informed Bhaira that at about 6 p.m., after collecting lire -wood, they were sitting on the 'tekri' of Kalwar hillock, which is at a distance of 300 foot -steps from the place where the dead body of Roopi was lying and they were smoking bidi At that time they saw that while Roopi was coming out from the nursery with a stack of grass, the appellant Mst. Sarmi came at that place with an axe and dagger. The appellant gave a push to Roopi and the stack of grass fell fell down from her head. Then the appellant inflicted various injuries on the body of Roopi and also cut her nose from the dagger. Sameera and Rawata rushed towards the place of incident raising a cry and seeing them the appellant ran away inside the nursery with the axe and dagger in her hand. When these two persons reached to the spot, Roopi had died. Sameera left Rawata at the place where Roopi was lying dead and he himself came to the house of Bhaira in the village and informed him of the incident. After Bhaira arrived on the spot along with Sameera, four or five other villagers also reached there, Bhaira, Sameera and Rawata remained near the dead body of Roopi dining the night. In the morning of October 31, 1980, Bhaira went to Krishna Ganj to lodge a report. He happened to meet police people at Krishna Ganj. He got a First Information Report written from Babulal and presented the same before Chain Singh who was SHO of PS, Anadra. On receiving the report Ex. P 6, Chainsingh along with Salig Ram Head Constable PW 8 came to the place of the incident. They inspected the site and prepared the site inspection note and inquest report. The post -mortem examination of the deceased was conducted by Dr. Bhoora Singh (PW 1) on November 1, 1980 and he gave his report Ex. P. 1. According the post -mortem report, Roopi deceased had 12 injuries on her body and she died due to shock as a result of haemorrhage from multiple wounds. On Nov. 3, 1980, Ram Ballabh Mukul, Deputy Superintendent of Police, Sirohi under took further investigation from Chain Singh. He arrested the appellant on November 3, 1980 at about noon. From the hilly area known as Danta -ki -Pahari which was at a distance of one K.M. from village Telpi -khera. According to the prosecution, the appellant gave information Ex. P 16 to Ram Ballabh Mukul that the dagger and axe were lying conceald near a 'Palas' free on the ground under a large sized stone near a foot -track which meet to road from Telpi -kheda leading to Danta. In pursuance of this information, Ram Ballabh Mukul recovered the axe Article 1 and dagger Article 2 from the place pointed out by the appellant and seized it under the seizure memo Ex. P 5. The dagger and the axe along with other articles seized during the course of investigation were sent to the Director, Police Forensic Science Laboratory for chemical examination. The Chemical Examiner gave his report Ex. P 9 and according to the report, the 'chhuri' and 'kulhari' were stained with human blood. The blood group could not be determined on the 'chhuri' and axe because the stains were not sufficient for test. After necessary investigation, the police filed a charge -sheet before the Judicial Magistrate, Sirohi, who committed the appellant to the court of Sessions and after trial, the Additional Sessions Judge, Sirohi, convicted and sentenced the appellant as aforesaid.

(3.) IT is well established by the prosecution that Roopi deceased mother of Bhaira died as a result of murderous assault. She sustained as many as 12 incised wounds and her nose was also cut from its root. Dr. Bhoora Singh had conducted the post -mortem examination and according to him injuries Nos. 3 and 4 were individually sufficient to cause death in the ordinary course of nature. The deceased died instantaneously after receiving the injuries. According to the doctor, injuries Nos. 4, 5 and 6 could be caused by axe while remaining injuries could be caused by knife (chhuri). The deceased must have died within ten minutes of the infliction of injuries because juglar vain had been cut. Neither there is suggestion nor it was possible that these injuries could be self inflicted. It is thus clear that Roopi died as a result of homicide.