Decided on February 03,1984

ROOPA Appellant


S.S.VYAS,J. - (1.)THIS is a jail appeal by accused Roopa against the judgment of the learned Additional Sessions Judge, Sirohi dated November 30, 1978 convicting the accused under See. 302 IPC and sentencing him to imprisonment for life with a fine of of Rs. 250/ -, in default of payment of fine to further undergo three months' rigorous imprisonment.
(2.)BRIEFLY stated the prosecution case is that the deceased -victim Mst. Vanju was the daughter of PW 11 Smt. Kesar Bai. Mst Vanju was living in village Upalgarh. A few days before Gangaur fair in the year 1978, Mst. Kesar Bai went to Upalgarh to her daughter. From Upalgarh, she and her daughter came toge her at Abu Road. At Abu Road, accused Roopa met them at the Railway Station. Mst. Kesar Bai went to her village. The accused and Mst. Vanju remained together at Railway Station Abu Road. It is alleged that they left Abu Road together. One Hema (PW 5) met them in the way while they were going on foot from Abu Road to Upalgarh. Six or seven days after the fair the dead -body of Mst. Vanju was found floating in the well of Dhanna situate in Mauja Upalgarh. Report Ex P/5 was submitted by Hemaram to Police relating to it. The police arrived at the well and took out the deal -body of Mst. Vanju and prepared the inquest report. The post mortem examination of the dead body of Mst. Vanju was conducted by PW. 10 Dr. Suresh Gupta, the then Medieal Officer -in -charge, Government; Dispensary, Abu Road on 11 -5 1987. The post -mortem examination report is Ex. P./12. Dr. Gupta was of the opinion that the cause of death was drowning On 26 -6 -78, PW. 1 Fata resident of village Uplagarh submitted written report Ex. P/1 at Police Station, Abu Road sating therein that the death of Mst. Vanju was not natural and that she was put to death by the accused -appellate. The police thereafter registered a case under Section 302, IPC and proceeded with investigation. The accused was arrested on 26 -6 -78. I In consequence of the information furnished by him, he got the silver ornaments and ingots recovered. It is alleged that he had removed the silver ornaments from the person of the deceased -victim and sold it to PW. 14 , Rameshchandia for a sum of Rs. 90/ -and Rs. 123.75 It is also alleged that the accused made extra -judicial confession before several persons that it was he who caused the death of Mst. Vanju. On the completion of investigation,, the Police submitted a challan in the Court of the Munsif and Judicial Magistrate, Abu Road, who in his turn committed the case to the Court of Sessions for trial. The learned Additional Sessions Judge framed a change under; Section 302, IPC against the accused to which he pleaded not guilty and faced the trial. During trial, the prosecution examined 16 witnesses and filed some 1 documents. In defence no evidence was adduced. On the completion of the trial, the learned Additional Sessions Judge found the charge duly proved against the accused. The accused was conseqnently convicted and sentenced. Hence this appeal.
We have heard Mr. J.L. Putohit, learned Amicus Curiae for the accused and the learned Public Prosecutor for the State. We have also gone through the case file carefully.

(3.)BEFORE proceeding further, we may state that their is no direct evidene in this case The case against the accused rests squarely on the circumstantial evidence which consists of the following sets:
(1) The accused and the deceased -victim were seen together at Railway Station, Abu Road and thereafter in the way while they were going together. (2) The extra -judicial confession of the accused made before the several persons; and, (3) Recovery of the articles belonging to deceased -victim.

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