Decided on May 21,1984

Sonwaria Appellant


S.S.BYAS, J. - (1.)THIS is a jail appeal by accused Sokwaria against the judgment of the learned Sessions Judge, Banswara dated October 4, 1979 convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 50/ -, in default of the payment of fine to further undergo one month's simple imprisonment.
(2.)BRIEFLY stated, the prosecution case is that the deceased -victim Mst. Hakri aged about 22 years was married to the accused and was living with him in his village Jookwara. A fortnight before the day of occurrence (March 17, 1979) she went to village Khendakana Mauja Basieda to see her parents. The distance between these two villages is nearly of four miles. In the afternoon of March 16, 1979 the accused went with a naked sword in his hand to his in -laws house to bring his wife with him. He stayed there in the night Next day, the deceased's father PW. 1 Rukia left the village to go to some other village leaving instructions to his wife PW. 2 Mst. Baji to perform the Auna ceremony and send the deceased with the accused. In the afternoon of March 17, 1979 the accused and the deceased Mst. Hakri left her parent's house. She was then wearing silver Hankri, silver Karas and silver Gajras. In the way they stayed for sometime at the house of PW 16 Galba in village Palikua and took water there. The accused was also then having a naked sword with him. The couple proceeded further. PW. 3 Shambhura met them in the way out side his village. There was an exchange of pleasantary between him and the accused. The accused and the deceased proceeded further. Next day in the morning, the dead -body of Mst. Hankri was spotted in the field of PW. 11 Ramsingh near his threshing floor by PW. 5 Manji. Hs informed his elder brother Ramsingh. PW. 9 Veerji, who had also seen the victim's dead body lying in the field, went to Police Station, Lohiriya and verbally lodged report Ex. P.13 at about 8.00 P.M. on March 18, 1979. A case was registered and the investigation was taken up. The Station House Officer Fatehsingh (PW. 15) arrived on the spot and prepared the inquest report of the victim's dead -body and he also inspected the site and prepared the site plan. There were multiple injuries on the victim's dead body and the clothes she was wearing were found drenched with blood. Four silver and some rubber bangles were found in the hands of the deceased -victim Hakri. The post mortem examination of the victim's dead body was conducted at about 9.30 A.M. on March 19, 1979 by PW 13 Dr. Manohar Lai, the then Medical Officer Incharge, Primary Health Centre, Ganora. The doctor found the following antemortem injuries on the victim's dead body:
External: (1) There was incised wound on left of mid -line on head extending to mid -line to 2.5' away from left ear. Parietal bone out and brain matter exposed size 3'x 1.5'. (2) There was incised wound oblique from base of 1st phslyn middle finger, index finger upto wrist. Both index and middle finger out and separated, of right hand. (3) There was incised wound on back in horizontal direction right to middle mid -line on back size 3' at the lane of 12 rib. (4) There was incised wound in oblique direction on upper 1/3rd of right arm. Size 3' x 1.5' x 1'. (5) There was incised wound in oblique direction from elbow and hand is separated from elbow. (6) There was also oblique incised wound run from base of 4th finger and little finger upto wrist. Both fingers separated. (7) There was incised wound on left iliac creast size 2.5' x 1' x 1'. (8) There was oblique incised wound on lower 1/3rd of leg -size 3.5'xl'x 1.5'. Internal: (1) Fracture of parietal bone on left side (2) Merbrance ruptured at the right of fracture.

In the opinion of Dr. Manohar Lal, the cause of the vtctim's death was destruction of vital centre? as a result of injury and profuse haemorrhage from wounds. The head injury was opined to be sufficient in the ordinary course of nature to cause the death. The post -mortem report prepared by him is Ex. P.8. The accused was arrested at about 9.00 P.M. on March 18, 1979. In consequence of the disclosure statement made by him, silver Karas Article 1 and silver Hansli Article 3 were recovered from his house and sword Article 5 was recovered from a place pointed out by him in his field. All these articles were seized and sealed. When the accused was arrested, he was wearing a Dhoti and an open -shirt. Since they had some spots of blood, they were also taken in possession by the Investigating Officer in the evening on March 19, 1979. The articles were sent for chemical examination. As per report Ex. P 9 of the Serologist, the sword and the Dhati of the accused were found stained with human blood. On the completion of investigation, the police submitted a challan against the accused in the Court of Munsif an Judicial Magistrate, Banswara, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302, IPC against the accused, to, which he pleaded not guilty and faced the trial. He denied the whole prosecution story and claimed absolute innocence. In his statement recorded under Section 313, Cr. PC, the accused stated that while he and the deceased -victim were coming together to his house from his in -law's village, they stayed at a place where he went to answer the call of nature leaving his sword with the deceased. While he was returning, he met two persons who tried to chase him. He ran towards the deceased where he again found two other persons near her. All these four persons tried to catch him. He run towards the jungle. Those persons ran after him nearly a kilometre. He became unconscious in the ton st. Next day in the morning he awoke. While he was going to his house, the police met him and arrested him. He denied to have made the disclosure statement before the police or he have the ornaments and sword recovered in his instance. In support of its case, the prosecution examined 18 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the prosecution story substantially true and held the charge proved against the accused. The defence version was found false and incredible. The accused was consequently convicted and sentenced as mentioned at the very out -set.

(3.)WE have heard the learned amicus curiae Shri J.L. Purohit and the learned Public Prosecutor Shri Niyazuddin Khan. We have also gone through the case file carefully.

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