STATE OF RAJASTHAN Vs. MOOL CHAND

JUDGEMENT

(1.) By leave, the State has come up in appeal against the judgment of the learned Sessions Judge, Jhunjhunu dated 15-2-1979 by which accused Mool Chand was acquitted of the offences U/Secs. 302 and 309 IPC. The State challenges the acquittal.

(2.) Briefly stated, the prosecution case as stated by the eye-witness Ram Singh (Pw. 3) is that the deceased Smt. Kasturi aged about 45 years at the time of her death was the wife of the accused Mool Chand. A few days before the incident, she went to her parent's village without asking the accused. She lived with her parents for some days and then returned to her husband's village Bhukana P.S. Chirawa District Jhunjhunu. At about 8.30 a.m. on 27-10-1978, the deceased and the accused were working in their field. All of a sudden, the accused caught hold of her wife Smt. Kasturi, facibly dragged her towards the well situate nearby and dropped her into it. Thereafter the accused dropped himself also into that well. Ram Singh (PW. 3) who was working nearby in his field raised cries and many persons viz. Pw. 2 Gulab Chand, PW. 4 Kumari Sajna, aged about 8 years (daughter of the accused), Prahlad (Pw. 5), Ramji Lal (PW. 6), Kurda Ram (Pw. 7) Mala Ram (Pw. 8) and Norang (Pw. 10) hearing the cries rushed to the well. They took out the accused alive from the well and found Smt. Kasturi dead. When the accused was asked by these persons as to what had happened, he confessed his guilt before them and said that on account of anger he dropped his wife into the well. PW. 2 Gulab Chand who was the Sarpanch of the Gram Panchayat drew up report Ex.P. 2 of the incident and send it to police station Chirawa with Manohar. The police registered a case and took up the investigation. The Investigating Officer Tulsi Ram (PW. 11) arrived on the spat, inspected the site and prepared the site plan as well as the inquest report of the victim's dead body. The post mortem examination of the victim's dead body was made at about 10.30 a.m. on 28-10-1978 by PW. 1 Dr. D.D. Chandna the then Medical Officer In charge, Government Hospital, Chirawa. The Doctor was of the opinion that the death had taken place due to shock caused by multiple injuries and also due to asphyria caused by drawing. The Doctor prepared the post mortem examination report Ex.P. 1. The accused was arrested. On the completion of the investigation, the police submitted a challan against the accused in the court of the Judicial Magistrate, Chirawa who in his turn committed the case for trial to the court of Sessions. The learned Sessions Judge framed charges U/Secs. 302 and 309 Penal Code to which the accused pleaded not guilty and faced the trial. In support of its case, the prosecution examined 11 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge held the charges not established against the accused. The accused was consequently acquittal of the offences he was charged with. Aggrieved against the acquittal of the accused, the State has come up in appeal and challenges the acquittal.

(3.) The cause of death of the victim as stated by PW. 1 Dr. Chandna has not been challenged before us either by the prosecution or by the accused. We, therefore, need not touch the evidence of Dr. Chandna at length. Suffice it to say that the death of Smt. Kasturi was not natural. We may however and that the death may be homicidal or accidental. The death was homicidal in case the accused dropped her down into well. The death may well be accidental or suicidal in case Smt. Kasturi fell down into the well on her own accord.