FAKIRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.3.95 passed by the learned Addl. Sessions Judge, Hanumngarh whereby he convicted the accused-appellants Fakira and Mst. Shanti for the offences under Sec. 302 read with Secs. 120-B and 201 IPC and sentenced them to imprisonment for life together with a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offences under Sec. 302 read with Sec. 120-B IPC and to three years rigorous imprisonment together with a fine of Rs. 200/- and in default thereof to undergo rigorous imprisonment for two months for the offence under Sec. 201 IPC.

(2.) Succinctly stated, the prosecution case is that on 9.4.1992, PW. 10 Govind Ram lodged a complaint Ex. P. 12 alleging therein that about one year back, he went to village Bilochawala to meet with his brother-in-law Bhagirath but Bhagirath was not found there 3 and his wife Mst. Shanti told him that the whereabouts of Bhagirath were not known for if the last about 17-18 days. Thereupon, he and Bhika Ram searched for Bhagirath but could not traced him out. He then lodged a report Ex. P. 13 at Police Station, Pilibanga on 25.3.1992 stating therein that the whereabouts of Bhagirath were not known and he was missing for the last so many days. He has futher stated that before 4-5 days, accused Fakira committed rape with Mst. Shanti and the latter lodged a complaint of the above incident against Fakira. A village panchayat was also convened in order to discussed theabove incident. Accused Fakira also attended the above village Panchayat. Many persons of the village including Govindram, Munshiram, Shanker and others attended the above meeting. In that meeting, the accused Fakira was asked to explain as to why he committed rape with Mst. Shanti ? The accused Fakira replied that he was having illicit relations with Mst. Shanti for the last two years. He further stated that he would tell the correct facts relating to Mst. Shanti.

(3.) On enquiry, he stated that he was having illicit relations with Mst. Shanti and Bhagirath came to know about this fact. Bhagirath showed grave resentment and used to often beat Mst. Shanti. Thereupon, he and Mst. Shanti hatched a conspiracy to do away- with Bhagirath and in execution of the above conspiracy, they murdered Bhagirath and dumped his dead body in the septic tank adjacent to the house of Bhagirath.