MANISH Vs. STATE

JUDGEMENT

(1.) Charged for having murdered Shakuntala Tak at around 12 noon in House No.46, Sector 23, CHB, Jodhpur on 24.4.2007, the appellant has been held guilty vide impugned judgment dated 22.11.2008. The charge for having committed an offence punishable under Section 449 IPC has also been sustained. For the offence of murder, the appellant has been directed to undergo imprisonment for life and pay fine in sum of Rs.1,000/-, in default to undergo simple imprisonment for two months. For the offence punishable under Section 449 IPC he has been sentenced to undergo RI for a period of 10 years and pay fine in sum of Rs.1,000/-, in default to undergo simple imprisonment for two months.

(2.) Process of criminal law was set into motion when Rajesh Tak PW-3, son of the deceased Shakuntala Tak, reported at Police Station Chopasni Housing Board on 24.4.2007 in the late afternoon and informed that alongwith his parents he resides in House No.46, Sector 23, CHB, Jodhpur. That he was a lawyer and left for the Court at 8.00 AM in the morning. His parents were in the house when he left. When he returned to the house at around 1.15 PM he saw a lock on the main door. Whenever his mother left the house after locking it she would leave the key with the neighbour. He contacted the neighbour who told him that the key was not left by his mother. He tried to contact his mother on a mobile phone kept in the house but the same was switched off. He waited till 2.00 PM and went to a General Store to purchase an iron-saw and using the same he broke the lock. When he entered the house he found his mother lying dead smeared in blood.

(3.) Fir for offence of murder was registered. Investigation was taken over by Sarwar Ali, PW-19, SHO of Police Station Chopasni Housing Board, Jodhpur. Alongwith the crime team he reached the scene of the crime. He got the room photographed. He lifted blood stained clothes and seized them. He seized the broken lock vide memo Ex.P/9. The body of the deceased was sent for post mortem. Dr.M.P.Joshi, PW-10 conducted the post mortem and prepared the post mortem report Ex.P/43. The same records stab injuries, bruises and abrasions on the dead body of the deceased.