Dave, J. - (1.)These two appeals are directed against the judgment of learned Sessions Judge, Jhalawar, dated August 14, 1980, whereby he convicted the accused appellants as under: Ram Kishan : Convicted under section 302 IPC and sentenced to life imprisonment and a fine of Rs. 500/- and in default of payment of fine to undergo R.I. for three months, under section 201 IPC to three years R.I. and a fine of Rs. 500/and in default of payment of fine to undergo R.I. for three months and under section 380 IPC to one years R.I. and a fine of Rs. 500/- and in default of payment of fine to undergo R.I. for three months. All the sentences were ordered to run concurrently. Permanand: Convicted under section 411 IPC and sentenced to one years R.I. Mst. Junibai Convicted under section 411 IPC & Siriva : and sentenced to one years R.I.
(2.)The facts giving rise to this appeal are that at police station Jawar, District Jhalawar a report was lodged on April 25, 1979 at 3.00 p.m. by one Mangilal PW. 1, wherein it was alleged by him that he and his family members had gone to Sultanpur, Madhya Pradesh, alongwith a marriage party of his nephew leaving behind Parmanand P.W. 2, his son and his mother Seeta who stays separately from all the brothers. It was stated that since after the death of his father his mother had been living separately all alone in a house and was not even on talking terms with her grandchildren. She used to put on silver kadies in her legs, a khungali in her neck and four silver bangles in her hand. On April 23, 1979, when the marriage party returned to the village his son Parmanand in formed him that his mother Seeta had gone to worship Sheetlamata on Sunday and since then she is not seen. On this information it is alleged that he accompanied with Ramgopal P.W. 13 and Ram Chandra P.W. 3 went to the house of the deceased Seeta where she used to stay but she was not traceable. On the contrary they found the goods of the house scattered and some portion of the floor dug. He thereafter went in search of his mother and enquired from his brother Ram Chandra and also went to Rajgarh and Mragbas where his sisters stayed but she was not traceable in those villages also. Thereafter they made a futile search at village Chandipur where too some relations stayed. Thus, they inferred that she has been enticed with an intention to take away he goods and has been hidden at some secret place. It was further mentioned in the report that he does not know as to what are the goods which have been removed from the house as she was too secretive to disclose anything even to her sons or grand-children. On the receipt of this report a case under sections 364, 365 and 380 IPC was registered and investigation commenced.
(3.)During the course of investigation Mst. Junibai and Ram Kishan were arrested and it is alleged that they gave information to the effect that they had thrown the deadbody of Mst. Seeta near the river and it was searched on May 11, 1979, but was not traceable. It was therefore, inferred that either it has been swept away with water or has been eaten up by animals. The police recovered from the house of Ram Kishan one Paraniya, Kudali and a Gandasi and also at his instance recovered from the bank of the river silver kadas which he had hidden under leaves of a tree. The prosecution also recovered a gold Bajayanti at the instance of the accused Parmanand which he had pawned with Dhulilal through Laxmi Narain. At the instance of Junibai eight silver bangles were recovered. Similarly at the instance of Seeriya a Khungali was recovered. The identification of the stolen property was got done by Sarpanch Mangilal and police during investigation also recorded the statement of one Srikishan who came out with the story that on the night intervening Saturday and Sunday early, in the morning at about 3 or 4 p.m. he had seen accused Ram Kishan and Junibai coming out of the house of Mst. Seeta. They had a lathi on their shoulders on which the corpse was tied and they had gone towards river side. Statements of four more witnesses were recorded, namely, Ramkishans father Devilal and Shyam Baba who in turn narrated the story to Ram Gopal and Damodar. After completing the investigation the charge-sheet was submitted against these persons for offences under sections. 364, 365, 302 and 411 IPC in the Court of Additional Munsif and Judicial Magistrate, Aklera who committed them to the court of Sessions for trial. The trial court re-framed the charges and charged Ram Kishan and Mst. Junibai for offences under sections 302, 201 and 380 IPC, accused Siriya for offence under sections 302 and 380 IPC and Laxmi Narain, Parmanand and Radhey Shyam for offence under sections 411 and 414 IPC. The accused denied the charges and claimed to be tried.