MANJU @ BAHANA Vs. STATE

JUDGEMENT

(1.) These two criminal appeals preferred by the appellants under Sec. 374 (2) of Cr.P.C. arise out of the common judgment dtd. 9/4/2012 passed by the Additional Sessions Judge No. 2, Sri Ganganagar in Sessions Case No. 15/2009 whereby the appellants herein were convicted and sentenced as under:-

(2.) The facts in brief are that a written report (Ex. P/1) was lodged by Lal Chand (PW1) on 8/3/2009 at about 07:30 am at Police Station Sadulshahar District Sri Ganganagar wherein it was inter-alia alleged that the first informant and his four brothers namely Kashi Ram, Mahaveer, Vijay and Shishpal have separate residences in villages Maniawali, Fatuhi and Binjbayla. His brother Vijay, aged 35 years was unmarried and used to visit village Maniwali quite often. Vijay came to visit him on 2/3/2009. He also used to frequent the house of his neighbour Mohan Lal Mirasi. On 3/3/2009, while the first informant and his wife Bismilla were at home, Vijay was also present with them. On that day, Kalu and Subhash, brothers-in-law of Mohan Lal had come to his house. Kalu and wife of Mohan Lal namely Manju called Vijay to their home and all of them consumed liquor together. He and his wife took dinner and went to sleep. They did not know as to when Vijay returned home. On 4/3/2009 at 7' O clock in the morning, Vijay took tea with him. Thereafter, at around 10:00 am, Manju, Kalu and Subhash called Vijay to their house. The first informant went to do his labour job in the village. He returned home at around 8:00 pm on which his wife told him that she had gone to call Vijay at Mohan Lal's house whereupon Manju informed her that Vijay had gone from their house after taking food at 12'0 clock in the noon. A search was made for whereabouts of Vijay but he could not be traced out. The first informant also inquired Manju about Vijay on a number of occasions. She persisted with her version that Vijay had gone away from their house after taking lunch. On 7/3/2009, the first informant and his brother Kashi Ram took a Jeep driven by Prem Bhambhu and went to village Dulmana in search of his brother Vijay. They reached the house of Sarpanch Hansraj and found that Subhash was sitting there. Subhash confessed in the presence of the Sarpanch that on 4/3/2009 Vijay was made to consume liquor by Manju and Kalu due to which he became inebriated. At about 12:30 pm Manju inflicted 2-3 blows on the head of Vijay by Ghota and Kalu who was disabled in feet gave a lathi blow on the head of Vijay due to which he passed away on the spot. Thereafter, Manju and Kalu threatened Subhash that if he told about the incident to anyone then he too would be killed. He was pressurized by them to dispose of the dead body by concealing it in the Kui (Septic tank of the latrine) built in the house of Manju. He further alleged that the dead body was put inside the septic tank which was closed by a stone. Vijay was killed in the room of Mohan Lal where a lot of blood was spread which was covered up by Manju with mud. The first informant returned to Maniwali and told his wife about the incident. He alleged that his brother was killed by Manju, Kalu and Subhash Mirasi after hatching a conspiracy with each other and his dead body was concealed in the septic tank of latrine. This report was received at Police Station, Sadulshahar on 8/3/2009, upon which an FIR No. 59/2009 was registered for the offences under Sec. 302, 201/120-B IPC against the accused-appellants and investigation was commenced. During the course of investigation, the accused-appellants were arrested vide different arrest memos in the following order:-

(3.) Shri Rajendra Singh, investigating Officer (PW13) claims that he recorded the disclosure statement of Manju under Sec. 27 of the Evidence act (Ex. P/66) on 8/3/2009 at 12:05 pm wherein Manju divulged that after killing Vijay, his dead body had been concealed in the septic tank built in her house. The investigation Officer further claims that he summoned a JCB in furtherance of such information. The septic tank was dug up and dead body of Vijay was taken out from therein by Sahi Ram (PW7). The Investigating Officer further claims to have prepared a swab of blood spread upon body of the cooler lying in the room of Mohan Lal. It is also alleged that a Ghota (wooden club) was recovered at the instance of Manju in furtherance of the information supplied by her to the investigating officer under Sec. 27 of the Evidence Act. It is further alleged that in furtherance of the statement of Kalu under Sec. 27 of the Evidence Act, Lathi was recovered. The articles recovered in furtherance of information supplied by the accused-appellants and clothes allegedly taken off from the body of Vijay were forwarded to the FSL for chemical and serological examination. After concluding the investigation, a charge sheet came to be filed against the accused-appellants for the offences under Sec. 302, 201 and 120-B IPC in the court of learned Judicial Magistrate, Sadulsahar. Since the offences were triable by Sessions, the case was committed to the court of Sessions Judge, Sri Ganganagar from where the same was transferred to the court of Additional Sessions Judge No. 2, Sri Ganganagar. The trial court framed the charges against the accused-appellants for the above offences. They pleaded not guilty and claimed trial.