MISHRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge, Barmer dated 6.1.86 in Sessions Case No.4/1985, whereby he convicted the accused appellant Mishri under Section 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 500/- and in default, to further undergo one year's R.I. Accused appellant was also convicted u/s.201 IPC and sentenced to undergo one year's R.I. Both the substantive sentences were ordered to run concurrently.

(2.) Facts leading to this appeal are that Umed Singh son of Kishan Singh by caste Rajput r/o Adhrim Ka Tala, Distt. Barmer lodged FIR Ex.P.3 before the SHO, Police Station, Chohtan, Distt. Barmer on 23.3.85 at 3 PM alleging therein that on 1.3.85, his nephew deceased Ran Singh was with accused Mishri and in the evening at 5 PM, they returned and went to their respective 'dhanis'. Deceased Ran Singh was having Rs. 1820/- with him which he took as a loan from Mishri Meghwal. Deceased Ran Singh went to sleep at 9 PM and the next day morning, he was not found. His family members apprehended that he might have gone somewhere. The complainant Umed Singh and his nephew Bhanwar Singh were not at the house. On 5.3.85, when he and his nephew Bhanwar Singh came to the house, they came to know about the fact that deceased Ran Singh was missing for the last five days. Then they started searching. After 6-7 days, they came to know that accused Mishri and deceased Ran Singh had gone to Gujarat. Both were having illicit relations with Asiyat, d/o Safi. They went to the residence of Asiyat, who is also resident of the locality. Though, initially Asiyat denied but later told in the presence of Ishwar Singh and Mool Singh that deceased Ran Singh was sleeping with her and accused Mishri killed him with axe and buried him in the compound of her house. Upon this report, the police registered a case u/s.302 & 201 IPC and commenced investigation. During investigation, the recoveries of 'juti' (shoes), 'kulhari' and 'ban' (part of cot) were made from the accused appellant on the information furnished by him u/s.27 of the Evidence Act. After investigation, accused appellant Mishri and Asiyat, who made extra judicial confession before Ishwar Singh and Mool Singh, were chargesheeted in the court of learned CJM, Barmer u/ss.302/34 & 201 IPC. The case was committed to the court of learned Addl.Sessions Judge, Barmer, who after hearing the arguments on charge, framed charges u/ss.302 & 201 IPC against accused Mishri and for the offences u/ss.302/34 & 201 IPC against accused Asiyat, daughter of Safi. Both the accused pleaded not guilty and claimed trial. The prosecution examined 13 witnesses. The statements of the accused were recorded u/s.313 CrPC. They produced Tharu, DW 1 in their defence. After hearing the final arguments, the learned trial Judge acquitted accused Asiyat for the charges levelled against her but convicted & sentenced the accused appellant Mishri as above.

(3.) We have heard learned counsel for the appellant as well as the learned Public Prosecutor and re-appreciated the evidence brought on record.