DHANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal filed by Dhanji through Superintendent of Central Jail Udaipur is directed against the judgment of the Sessions Judge, Udaipur, dated 24.2.1975 by which the appellant was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/ - in default of pay meet of fine to suffer further rigorous imprisonment for a period of 3 months.

(2.) THE prosecution case against the appellant was as follows : The appellant was married to Mst. Hakri deceased. Both husband and wife used to live together in village Barapal along with Nana and Mst. Purki who were parents of the appellant. The appellants sister, namely, Mst. Homli also lived with him in the same house. It is alleged by the prosecution that on 19.3.1974 the appellant accompanied by his wife Mst. Hakri went to see an Advasi fair held at village Kaya. After seeing the fair both husband and wife were seen by Habji P.W. 3 moving towards their village through a jungle. The appellant, how ever, returned alone to his house and did not bring with him his wife Mst. Hakri. Later on 28.3.1974 Dharma son of Kalyan Meena resident of Khara Peena met Dhanraj Sarpanch and disclosed to him that the appellant had murdered his wife Mst. Hakri. Upon receiving this information Dhanraj Sarpanch wrote the first information report and lodged it with the Police Station Nai District Udaipur on 29.3.1974. Shri Narain Singh S.H.O. asked better particulars from the maker of the FIR and recorded his answers at the foot of the report and then registered a criminal case under Sections 302 and 201 IPC on its basis against the appellant. The S.H.O. then arrested Dhanji appellant, who while in the police custody gave an information to the former which led to the recovery of bones, blood stained earth and stone, and one Sari, one blouse, one Ghagra and ornaments from Sakri Naal in the way leading to Chain Bavri at the instance of the appellant. The appellant while in the police custody furnished other information contained in Ex. P11 to S.H.O. Shri Narain Singh in pursuance of which one sword along with its scabbard and one Dhoti end shirt were recovered at the instance of the appellant from his Dhani. The sword and the scabbard were lying buried in the ground underneath a heap of bamboo sticks inside his enclosure while the bush shirt and Dhoti were kept concealed in a box which was lying on the Dagle of the house of the appellant. As these articles were suspected to have blood on them they were seized and sealed properly by the S.H.O. in the presence of the Motbirs. Later on these articles were sent for analysis to the Chemical Examiner who found them positive for blood. The Chemical Examiner forwarded cuttings from Dhoti and shirt and scrappings from sword and sheath to the Serologist for Serological examination The Serologist found the Dhoti and the bush shirt and the scabbard stained with human blood. The blood stains on the scrapping from sword were disintegrated and so their origin could not be determined. Apart from these articles, the sample of earth, scrappings from stones and cuttings from Sari, blouse and Ghagra and pieces of Sari also were found positive for human blood by the Serologist. The S.H.O. collected all other necessary evidence in the case and eventually filed a charge -sheet against Dhanji appellant under Sections 302 and 201 IPC in the court of Munsif and Judicial Magistrate First class No. 1, Udaipur. The learned Judicial Magistrate, upon finding a. prima facie case exclusively triable by the court of Sessions committed the appellant to the court of Sessions Judge, Udaipur for trial for the aforesaid offences. The learned Sessions Judge, conducted the trial and held the appellant guilty of the offence of murder punishable under Section 302 IPC. He, how ever, acquitted the appellant of the charge under Section 201 IPG on the ground that no such offence was made out from the evidence led by the prosecution.

(3.) WE have carefully perused the record and heard Mr. N.N. Mathur, learned Counsel for the appellant and Mr. N.S. Acharya Public Prosecutor for the State.