GAMIRI AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal has been filed by Smt. Gamiri and Smt. Kuri, through the Superintendent of Central Jail, Jaipur, against the judgment dated 30.3.1996 passed by the learned Sessions Judge, Dungarpur. By the said judgment, the learned Sessions Judge had convicted and sentenced both of them to imprisonment for life for committing the murder of Smt. Rambhi.

(2.) An oral report in this case was lodged by PW 1 Mogji on 28.12.1995 at 7.00 a.m. at Police Station - Sagwada to the effect that between the night intervening 27/28.12.1995 at about mid night PW 5 Manoj came and told to the first informant PW 1 that from the house of PW 4 Romeng cries for help were coming. After hearing cries for help from inside the house of PW 4 Romeng, people of vicinity collected at his house and they gave several calls to his mother Rambhi but no one was responding from inside of the house, therefore, he had come to call him. Upon the aforesaid information, Mogji reached to the house of Romeng (PW 4) where Leela Ram (PW 6) and other neighbours of Romeng were already assembled. Mogji also gave several calls but neither anyone responded from inside the house nor opened the door. Ultimately Mogji gave a threat that if the door is not opened then he will break the door. Upon this threat Smt. Kuri, accused-appellant, opened the door from inside. People assembled there came inside the house of Romeng and asked Smt. Kuri whereabout of her mother-in-law Smt. Rambhi but she did not give any reply. When whereabouts of her husband Romeng (PW 4) were asked, she replied that he had gone to field for preparing 'gud' from 'charkhi'. When all the neighbours collected there made a search of house of Romeng (PW 4) then they found Smt. Rambhi in a room used for keeping animals shown by mark (2) in the-site plan Ex. P/5, in dying state, from where they brought her in 'parsal'-shown by mark(1) in the site plan prepared by the Investigating Officer.

(3.) Manoj and Balji were sent to call Romeng (PW 4) from his field. When Romeng (PW 4) came by that time Mst. Rambhi was dead. Accused appellant Smt. Kuri did not give satisfactory answer how deceased was assaulted. The neighbours assembled there apprehended from silence of accused-appellant Smt. Kuri that someone else might have caused injuries to the deceased, who may be hiding inside the room. A search was made by all neighbours assembled there whereupon during the course of search accused-appellant Smt. gamiri was found hiding herself in a 'tokra' on 'tand' (a projection few feets up from the floor for keeping house-hold things in the kitchen). She was dragged from the 'land' from where she tried to rush away but she was apprehended.