JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DURGA Devi, an old lady of 60 years, was found murdered in her Khuddi (small hut) where she used to reside all alone. The three appellants herein were indicted for having committed murder of DURGA Devi before the learned Additional Sessions Judge (Fast Track) No. 1 Jhunjhunu, who vide judgment dated May 28, 2003 convicted and sentenced them as under:- Under Section 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. Under Section 394/34 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. Under Section 460/34 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. Under Section 436/34 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution case is woven like this:- Three reports were submitted by informant Suresh Kumar (Pw. 4), son of deceased Durga Devi at Police Station Sadar Jhunjhunu in regard to the incident occurred on July 6, 2000 at 11. 30 PM. First report (Ex. P-14) was handed over at 2 AM on July 7, 2000. Second report (Ex. P-11) was submitted on July 11, 2000 and third report (Ex. P-13) was lodged on July 16, 2000. In the first report (Ex. P- 14) it was stated that onseeing the fire and flames at the hut of Durga Devi, women folks of the neighbourhood raised hue and cry. When the villagers reached there, they found dead body of Durga Devi. On that report police initiated proceedings under Section 174 Cr. P. C. . In the second report it was stated that Ladu Ram and Laxman had seen one Nemi Chand Meena running from the hut of Durga Devi. Ladu Ram then called Suresh Kumar, who rushed to the hut and found Durga Devi lying dead in naked condition. It was further stated that there were two pitchers full of jewelery and ornaments which had been dug out. Even her nose-pin and ear tops had been plucked out. It was also stated that since he was shocked by the incident he could not name Nemi Chand in the first report. THE police registered a case under Sections 302 and 436 IPC and investigation commenced. Statements of alleged eye witnesses viz. Ladu Ram and Laxmi Narayan under Section 161 Cr. P. C. were recorded on July 12, 2000. In the third report graphic description of the incident was given. It was inter alia stated by Suresh Kumar that his mother Durga Devi used to reside in the hut alone. On July 6, 2000 around 11 PM while she was sleeping Nemi Chand, Kurda Ram and Jagdish entered the hut in a drunken state and started searching ornaments. Durga Devi awoke and raised hue and cry. Kurda Ram then inflicted lathi blow on her head. Nemi Chand gave blows with legs and fists, whereas Jagdish squeezed her neck as a result of which Durga Devi died on the cot. THE three accused then pulled her down from the cot and striped her naked. Nemi Chand plucked out ear-rings and nose-pin. Kurda Ram removed her silver anklets, whereas Jagdish took out her silver locket. Nemi Chand then set ablaze thus hut and ran away. But Ladu Ram and Laxmi Narayan had seen him running. Kurda Ram and Jagdish however escaped in the darkness. Police Station Sadar Jhunjhunu tagged all the three reports together. Further investigation proceeded. Statements of witnesses under Section 161 Cr. P. C. were recorded, necessary memos were drawn, the accused were arrested and on completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Jhunjhunu. Charges under Sections 302/34, 460, 394 and 436 IPC were framed. THE accused denied the charges and claimed trial. THE prosecution in support of its case examined as many as 13 witnesses and got exhibited 36 documents. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated herein above.

(3.) INFORMANT Suresh Kumar (Pw. 4) in his deposition stated that on July 6, 2000 his mother ate food at 8. 30 PM in his house and went to sleep in her hut. Around 11 PM Ladu Ram and Laxmi Narayan called him to inform that there was fire in the hut of his mother. He rushed there and found his mother lying dead in necked condition. Her nose and ears were cut. She used to wear golden nosepin, silver locket and silver anklets, but those ornaments were removed. Ear-rings and nose-pin were recovered vide memo Ex. P-5 at the instance of Nemi Chand from his house. Silver anklet was recovered at the instance of Kurda Ram vide memo Ex. P- 6. Whereas silver locket was recovered at the instance of Jagdish vide memo Ex. P-7. He further deposed that Ladu Ram and Laxmi Narayan told him in village Panchayat that guilt was committed by Nemi Chand. Nemi Chand informed that Kurda Ram and Jagdish were with him.