ABU BAKRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21-8-1991 passed by Shri S. N. Ojha, learned Addl. Sessions Judge, Barmer in Sessions Case No. 25/91 whereby the accused-appellant has been convicted under S. 320, I.P.C. and sentenced to imprisonment for life together with a fine of Rs. 500/- and in default of payment of fine to undergo two months rigorous imprisonment.

(2.) The prosecution case lies in small compass. On 22-11-1990 Shahadi, Amir, Smt. Shammi, Abu Bakar and Ms. Shafiat went to their field in order to attend agriculture operations. At about 3.30 p.m. Shahadi prepared tea and it was taken by Hadi and his brother Abu Bakra. Amir was taking his meal. Ms. Shafiat was pounding gwar ki phalis. After taking tea Abu Bakra lifted an axe and went towards Ms. Shafiat. All of a sudden they heard the cries of Ms. Shafiat. Thereupon all these persons went to the place where Ms. Shafiat was pounding the phalis. They found Ms. Shafiat in a dying condition. Mer neck had been severed from her body. At the same time Abu Bakra made good escape with the axe. It was, therefore, clear that Ms. Shafiat was done to death by the accused. Amir went to Khadin B.S.F. check post and reported the incident to Gumnam Singh (P.W. 1) who was inspector and in-charge of the post. Gumnam Singh, in turn, informed the police on telephone about the above matter. On receipt of this report, Ram Singh (P.W. 14), SHO P.S., Gadra reached the place of occurrence. He saw the dead body of Ms. Shafiat. He recorded the statement of Amir (Ex. P-12) and on that basis registered case No. 64/90. He started investigation and inspected the site on 23-11-1990 and prepared Site Plan (Ex. P-7) and Site Memo (Ex. P-8). He also collected the blood stained and controlled soil and sealed the same. Inquest report (Ex. P-17) was prepared. The autopsy of Ms. Shafiat was conducted by Dr. Santosh Maheshwari (P.W. 14). According to the post-mortem report (Ex. P-3) Ms. Shafiat died on account of injuries caused to her vital parts. After investigation the charge-sheet was filed in the Court of Munsif Magistrate, Barmer who committed the accused to the Court of Session under S. 209 for standing trial for the offence under S. 302, I.P.C.

(3.) The accused pleaded not guilty to the charge and claimed to be tried. In order to prove the accused guilty prosecution examined in all 14 witnesses. The statement of the accused was recorded under S. 313, Cr. P.C. The accused denied all the prosecution allegations. He did not head any defence evidence.