NATHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid two appeals, namely D. B. Criminal Appeal No. 656 of 1974 and D. B. Criminal Jail Appeal No. 673 of 1974, are preferred against the judgment of the learned Sessions Judge, Udaipur, dated Sept. 26, 1974 by which, appellant Nathu was convicted and sentenced to imprisonment for life and a fine of Rs. 100.00, in default of payment of which further rigours imprisonment for six months, under section 302. I. P. C. As both the appeals are against the same judgment, we propose to decide them together by one common judgment.

(2.) The facts as alleged by the prosecution were these. In village Valadeeth, Lalji and his wife deceased Lalki resided. Kachara is the real brother of Lalji and Smt. Bhurki alias Manjari is the wife of Kachara. A she-buffalo belonging to Kachara died. Mst. Bhurki was under the impression that Lalki was a witch and was responsible for the death of the she buffalo. Appellant, Nathu is said to be very close to Kachara and Bhurki. They persuaded Nathu to murder Lalki for a reward of Rs. 1000.00 On the fateful day. i. e. in the early morning hours of 30th April, 1974, at about 4 or 4.30 a. m., Lalki with a head load of grass left for Dungarpur, Her daughter Kesar aged about 11 years also left for Dungarpur half an hour later. On the way to Dungarpur near villae Patapur, Kesar saw her mother Lalki lying -dead, Lalki had several injuries on her person. Kesar returned to her house and informed of the murder to her father Lalji, who went at the spot and found the dead body of Lalki. At about the same time, on April 30,1974, one Thana also noticed the dead body of Lalki grievously injured. He also met Lalji at the spot. Thana, therefore, rushed to police station, Dungarpur and lodged the oral report of the incident at about 8.30 a. m. A case under section 302, IPC, was registered and the usual investigation began. The dead body of Mst. Lalki was sent to Dr. K. L. Gandhi, Medical Jurist General Hospital, Dungarpur, for post-morterm examination. Shri Gandhi conducted the post-mortem examination at about 12-15 p m. on April 30,1974 and found the following ante-mortem injuries on the body of Lalki

(3.) In opinion of the doctor, injuries No. 17 and 4 individually were sufficient in the ordinary course of nature to cause the death. The doctor was further of the opinion that these injuries could be caused by a razor. The villagers suspected the appellant for the murder of Mst. Lalki. They, therefore, called the appellant and it is further alleged that in the presence of the villagers and P. W. 10 Sarpanch Kawa, P. W. 9 Moti and P. W. 14 Roopi, the appellant made the extra-judicial confession of the crime that he had murdered Mst. Lalki with a razor. This confession is alleged to have been made on May 1, 1974. The appellant was arrested on May 2, 1974. The Assistant Sub Inspector, observed that the left index finger of the appellant was injured. At the time of arrest the appellant was wearing a Baniyan, an under-wear and Sandals, which appeared to be stained with blood. Hie Assistant Sub-Inspector, therefore, seized and sealed these articles vide Ex. P. 10. Thereafter, the appellant gave an information to P. W. 11, Assistant Sub-Inspector, Noor Mohammed that he had concealed a razor in his house. In pursuance of this information and at the instance of the appellant, the razor was recovered and sealed by the Assistant Sub Inspector. These articles in a duly sealed condition were sent to the Chemical Examiner for examination and vide report Ex. P. 16, of the Chemical Examiner and P. W. 17 of the Serologist, it was found that the razor, Baniyan and Sandals were stained with human blood. The appellant was also examined by Dr. Gandhi on May 4, 1974, who found the following injury on his person:-