HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment of the learned Additional Sessions Judge, Ajmer, dated April 17, 1973, whereby he convicted the accused -appellant Heera son of Chhitar, under, Section 302 IPC for committing the murder of one Gyarsa, and sentenced him to imprisonment. for life The other co -accused, tried along with him, viz. Mst. Harku, was however, acquitted of all the offences levelled against her.

(2.) THE fact giving rise to this appeal are that the accused Heera and Gyarsa deceased were cousins. It was strongly suspected that the accused appellant was clandestinely having illicit intimacy with Gyarsia's wife. On 22 -6 72, Gyarsa was seen alive in the Gram Panchayat at Gorde, and thereafter at 2 a.m in that area, he was seen by his mother Mst. Hari PW. 13, and there alter the whereabouts of the decease d were not known. On July 21, 1972, the Head Constable Surajbhan Singh, PW 15, came to the village on patrolling duty. After receiving in rations from various sources, he lodged a first information report Ex. P.18 at Police Station Sawar, on July 21, 1972 at 8 p.m. On July 22, 1972, accused Heera as well as Mst. Harku were arrested The latter was acquitted by the trial court Accused Heera, after his arrest, expressed his desire to get the dead body recovered from the place where he had thrown it. The information memo is Ex. P.19 In pursuance of this information, Heera, in the company of the other accused, took the police to the well known as Sunda ka -kuwa and pointed out the well where the dead -body was thrown by him and got it recovered The recovery memo h Ex. P.7. In consequence of the information Ex. P.19, the dead body of Gyarsa was brought out of the well with the help of PW. 12 Badri and others. The inquest report is Ex. P.1. From the dead body, a knife, a stone and a piece of string were recovered vide Ex. P.2. Autopsy on the dead body of Gyarsa was performed by Dr. S.P. Gupta, PW. 5. The post mortem report is Ex. P.9, which is dated July 24, 1972.

(3.) DURING the course of investigation, the other accused Mst Harku got recovered one 'Rajai' and knife and also made a confessional statement before the Magistrate's court No. 2 at Ajmer. The confessional statement is Ex. P.31.