MOTI SINGH Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by the accused- Moti Singh for assailing the judgment dtd. 4/2/2011 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Pali in Sessions Case No. 21/2008 whereby, he has been convicted and sentenced to imprisonment for life and fine of Rs.10,000.00 in default of payment of fine, to further undergo 6 months' simple imprisonment, while holding him guilty of the charge for the offence under Sec. 302 I.P.C.

(2.) Brief facts relevant and essential for the disposal of the appeal are that Constable Bheem Singh S/o Vijay Singh (P.W.20) submitted a written report (Ex.P45) to the S.H.O. Police Station Industrial Area, Pali on 21/3/2008 at 5:30 p.m. alleging inter alia that one Leela Kansara, Resident of House No. 132, Shivaji Nagar, Pali was reported to be trapped inside her house and the main door was locked from outside. She was not responding to the calls. He alleged that information to this effect was given to him by a man named Deva Ram Kumawat on telephone. For verifying the information, the constable Bheem Singh accompanied by constable Om Prakash, reached the house of Leela where, Deva Ram and Dilip Singh met them. Deva Ram told the constable that he had long standing monetary dealings with Smt. Leela. Leela was feeling unwell on which, Deva Ram took her to a private hospital at Mandiya Road, Pali for a check up at about 11-11:30 a.m. and dropped her back to her house. He went back to the house of Leela At about 3:30 p.m. for explaining the medicines to her. The main door was closed. He pushed the door open and saw Motiya Mehrat hiding behind a drum. Deva Ram alleged that he somehow managed to confine Motiya in a side room and went to the nearby Paan Cabin to inquire about Leela. The owner of the Paan Cabin told him that Leela was seen going home some time earlier. On coming to know of this, Deva Ram went back to Leela's house and saw that someone had unlocked the room in which, Motiya had been confined and he had made good his escape. Bhim Singh was informed about the place where the keys of the other room were lying and upon unlocking the door, he saw that Leela was lying prone on the cot. Her face was covered with clothes and she looked to be devoid of life. A bleeding injury was visible on her temple. A trail of blood was visible in the chowk outside. A drum lying in the chowk was checked and it was realised that a small child's dead body was submerged in water stored in the drum and the water had gone red in colour. The body of the child was taken out and was identified to be that of Leela's daughter Santosh. The child's dead body was also bearing an injury on the temporal region. The constable expressed an apprehension that somebody had murdered the woman and the child. On the basis of this report, an FIR No. 76/2008 (Ex.P47) was registered at the Police Station Industrial Area, Pali and investigation was undertaken by the SHO Shri Kailash Chandra. The site inspection plan of the place of incident were prepared. The blood stained articles and other suspected articles seen at the place of incident, were lifted and seized. Photography of the place of incident was got done. The dead bodies were subjected to postmortem. A finger of suspicion was initially pointed towards Deva Ram. However, the accused appellant Moti Singh was apprehended vide arrest memo (Ex.P13) dtd. 25/3/2008. The accused allegedly gave an information (Ex.P48) under Sec. 27 of the Evidence Act to the Investigating Officer regarding the iron rod (Lagiya) used to kill the two deceased, which was concealed underneath the scrap lying in Leela's house. In this very information, the accused also divulged to the Investigating Officer that a pair of ear tops removed from the body of the deceased Leela had been concealed by him near the banks of Bandi river and the clothes and the 'Chappals' worn by him at the time of incident were concealed at his sister's house at Beawar. The accused gave further information to the Investigating Officer under Sec. 27 of the Evidence Act that he could get the trousers, shirt and underwear worn by him at the time of incident and the key of Leela's room which were lying in the said trousers' pocket, recovered. This information was recorded in the memo Ex.P49. In furtherance of these informations, an iron rod (lagiya) was seized vide Seizure Memo Ex.P7. The key alleged to be of Leela's house, the underwear, the black trousers and the shirt of the accused were recovered from the house of his sister and were seized vide Seizure Memo (Ex.P10). A pair of tops were recovered vide seizure memo (Ex.P23) from the banks of river Bandi. It may be mentioned here that the tops were identified to be of Pushpa by none other than Deva Ram. The FSL team was summoned to lift the foot prints available at the scene of the incident.

(3.) The articles suspected to be stained with blood (those recovered from the spot and at the instance of the accused) and the visceras of the deceased were forwarded to the FSL for serological and chemical examination from where, two reports Ex.P50 and Ex.P51 respectively were received.