RAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 18.8.1983 passed by the learned Sessions Judge, Pratapgarh camp at Chittorgarh by which he convicted the accused appellant under Sections 302, 307 and 403 I.P.C. and sentenced her to undergo life imprisonment and fine of Rs. 100.00, in default of payment of fine to further undergo one month's rigorous imprisonment under Sec. 302 I.P.C. sentenced to seven years' rigorous imprisonment and fine of Rs. 100.00, in default of payment of fine to further undergo one month's rigorous imprisonment under Sec. 307 I.P.C. and sentenced to 2 years' rigorous imprisonment under Sec. 403 I.P.C. and all sentences were to run concurrently.

(2.) The brief facts of the case are that PW-2 Roshanlal lodged F.I.R. Ex.P-1 on 18.8.1981 at 1.50 p.m. and alleged that at 9-10 a.m. accused Rami came to complainant's brother Bhanwarlal's residence and asked his nieces Paras and Munna to accompany her to see crop of maize, while returning back from well, accused told them that in the night she saw dream that there is money in the well of Babru which can be fetched by them, if they act according to her direction. Then near Babru's well two pits were made and they prepared rolls of soil, brought flowers of 'Akra" and collected all silver and gold ornaments of Paras and Munna and put them in a cloth near pit. The accused gave rolls of soil to Paras and Munna and asked them to throw rolls in well, when both of them went near well, the accused pushed them in well. Consequently, Munna died but, as Paras was knowing swimming, she cried. Magna came on spot and made a hue and cry then Mangu, Teka, Jamnalal came there and dead body of Munna alongwith herself were brought out of the well. Paras narrated all the story. On this report, case under Sections 302, 307 and 379 I.P.C. was registered and after completion of investigation challan was filed in the Court of Munsif and Judicial Magistrate Dungla under Sections 302, 307, 364 and 397 I.P.C. which was committed to the Court of Sessions Judge, Pratapgarh camp Chittorgarh. Charge was framed under Sections 302, 307 and 403 I.P.C. against accused to which she denied. After recording statements of 11 witnesses statement under Sec. 313 Crimial P.C. was recorded. Defence examined two witnesses and after hearing arguments, accused appellant was convicted and sentenced as aforesaid.

(3.) Learned counsel for the appellant argued that prosecution has failed to prove that accused pushed deceased Munna and victim Paras in the well and as per post-mortem report, incident is totally unbelievable, the trial Court itself has not relied on recovery of ornaments on the information and at the instance of appellant, even then, the trial Court has committed error in convicting the accused appellant, hence, the appeal may be accepted and the appellant may be acquitted of the charges.