MANGE RAM Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the appellant from jail against the judgment of the learned Sessions Judge, Bhadra District Hanumangarh dated 20.12.2002, convicting the appellant for the offence under Sections 302 and 379 I.P.C. and sentencing to undergo imprisonment for life and fine of Rs. 5000/- in default of payment of fine to undergo 2 months' additional simple imprisonment for the former offence, and sentencing to one year's rigorous imprisonment along with a fine of Rs. 500/- in default to undergo one month's additional simple imprisonment for the later offence.

(2.) The facts of the case are, that on 29.1.2002 at about 7.00 AM one Hari Singh lodged a written report Ex.P1 alleging interalia, that he had gone to Bhadra yesterday and while returning he alighted at D.R. Hotel and from there he left on foot for Kumharon Ki Dhani, where he stayed for about an hour and took tea and then left for the village. On the way at about 6.00 in the evening when he reached near the field of Bhagu Ram, he found a bundle of firewood lying there and a lady was also lying there. He went near and saw that the lady was wife of his brother Krishna, her garments were smeared with blood, and there was sand in her eyes, mouth and nose, and she was dead. Then he went towards the village, and when he covered some distance, he came across Sukh Ram, Chabila Ram and Mani Ram etc., who were coming from the opposite direction. Then all the persons returned to the place of incident, near corpse, and remained there for the whole night, as there was no other means of conveyance. He alleged that Maina Devi wife of Krishna has been murdered by somebody, who is lying on the spot. On this a case for offence under Section 302 I.P.C. was registered and investigation commenced. Site was inspected on 29.1.2002, inquest report was also prepared on that very day and post mortem examination was got conducted. Inquest report is said to have been prepared at about 10.00 AM on 29.1.2002 in presence of Sukh Ram and Deepa Ram, blood stained earth, sample earth, footwear of the deceased, broken pieces of bangles etc. were taken possession of, and at about 11.00 AM moulds of the footprints were also picked up from the spot. Cloths of the deceased were also taken possession of on 29.1.2002. In this sequence, the accused was arrested on 4.2.2002 at 3A0 PM vide Ex.P-62. Then it is alleged, that on 5.2.2002 at about 10.30 AM accused gave information under Section 27, about having concealed the weapon of offence, the knife, in the roof of the Kotha near southern wall, which he has prepared to get recovered. This information is Ex.P-6

(3.) Then on that very day at 11.30 AM he said to have given another information, about having concealed the gold ear,rings and gold Koka in the box in his house, which he is ready to get recovered. Then at 5.30 PM he also gave information about his garments, which he was wearing at the time of occurrence, and offered to be ready to get them recovered. Pursuant thereto, vide Ex.P-23 police got recovered the weapon of offence on 6.2.2002 at 10 AM. Then the cloths, which he was wearing at the time of occurrence were got recovered vide Ex.P-24 on 6.2.2002 at 10.30 AM vide Ex.P-5, the earring and gold Koka were recovered on 6.2.2002 at 9.30 AM. Thus after completing the investigation, charge-sheet was submitted in the Court of Addl. Chief Judl. Magistrate, Bhadra, wherefrom the case was committed, and was ultimately transferred to the learned trial Court. 3. Learned trial Court framed charges for offence under Sections 302 and 379 Indian Penal Code, which were denied by the accused. During trial, the prosecution examined 16 witnesses, and tendered in evidence some 67 documents, and also produced some material exhibits. The accused in his statement under Section 313 took a stand of denial, and stated, that the witnesses are falsely implicating him. The police statement of witness Devi Lal, Mani Ram and Chabila Ram were tendered in evidence on the side of the defense as Ex.D-1, D-2 and D-3 respectively.