RATNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated March 1, 1977, the learned Sessions Judge, Udaipur convicted the appellant Ratna under Section 302, I.P.C. and sentenced him to imprisonment for life. By the same judgment, he further convicted the appellant under Section 387, I.P.C. and sentenced him to five years' rigorous imprisonment with a fine of Rs. 500/ -, in default of the payment of fine to further undergo six months' like imprisonment. The appellant has come -up in appeal and challenges his conviction.

(2.) BRIEFLY stated, the prosecution case is that the deceased Smt. Leela was the wife of PW 2 Khema and was living with him in village Ieteli Khera P.S. Jhalara district Udaipur. On February 4, 1976, Khema went to his field and Smt. Leela went in the jungle to collect and bring firewood. When she left the house, she was wearing silver Karas (Article 1), Silver Hansli (Ar. 2) and clothes Blouse -Peticot and Odni (Articles 3 to 5). She was also wearing Boar (Head ornament) Article 6 and bangles (Article 7). Khema (PW 2) returned to the house in the evening but Smt. Leela did not. A search was made in the night but she could not be traced out. Next day, PW 7 Nathu found the dead body of Smt. Leela near fences of the Bagad. There were multiple injuries on her body. Silver Hansli and Karas were found missing Nathu (PW 7) informed her husband Khema and PW 1 Amra that he had seen the victim's dead body in Bagad. Amra went to the Police Station, Jhalara and found the Station House Officer Sharif Mohammed (PW 13) at the bus -stand. Amra verbally lodged the report which was taken down by the Station House Officer in Ex. P 6. A case under Section 302, I.P.C. was registered. The SHO arrived on the spot and inspected the site. He prepared the site plan and the inquest of the victim's dead body. The post -mortem examination of the victim's dead body was conducted at about 12.15 p.m. on February 5, 1976 by Dr. Nand Kishore Sharma. In the opinion of Dr. Sharma, the cause of death was fatal injury to vital organ of body i.e. brain, leading to brain haemorrhage and shock. The post -mortem examination report prepared by the doctor is Ex. P 1. The doctor had noticed as many as eight external injuries. The right frontal bone had fissured fractures. The accused was arrested on February 11, 1976 and in consequence of the disclosure statement made by him on the same day, silver Karas (Article 1) and silver Hansli (Article 2) were recovered lying concealed under a stone in the channel of Bagad. The blood -stained clothes of the deceased were seized and sealed. Human blood was found on the recovered ornaments and the clothes of the deceased. On the completion of investigation, the police submitted a challan against the accused in the Court of the Munsif cum Judicial Magistrate, Salumber, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges under Sections 302, 404 and 387, I.P.C. against the accused, to which he pleaded not guilty and faced the trial. In support of its case, the prosecution examined 14 witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of the trial, the learned Sessions Judge found the charges under Sections 302 and 387, I.P.C. duly brought home to the accused. The charge under Section 404, I.P.C. was held as not proved. The accused was consequently convicted under Sections 302 and 387, I.P.C. and sentenced as mentioned at the very out -set. Aggrieved against his conviction, the accused has taken this appeal.

(3.) MR . Mehta learned Counsel for the appellant did not challenge the cause of death of Smt. Leela as stated in the post -mortem examination report Ex. P 1, which was admitted during trial by the accused. Ex. P 1 shows that as many as eight injuries were inflicted on the victim. Her right frontal bone was found fractured. The death of the victim had taken place on account of the injury to brain resulting in brain haemorrhage and shock. The death of Smt. Leela was, thus, homicidal and not natural.