Decided on July 31,1984

Shyama Alias Shyamlal Appellant
State Of Rajasthan. Respondents


V.S. Dave, J. - (1.)This appeal is directed against the judgment passed by learned Sessions Judge, Jaipur District Jaipur on July 31, 1975. whereby the accused-appellant has been convicted for offence under section 302 Penal Code and sentenced to imprisonment for life. He has been further convicted for offence under section 392 Penal Code and sentenced to seven years' rigorous imprisonment. Both the substantive sentences have been ordered to run concurrently. The accused-appellant aggrieved against the conviction and sentence preferred an appeal through Jail wherein Shri A. K. Gupta subsequently ovlunteered to represent the accused-appellant.
(2.)The facts giving rise to this appeal are that on June 26, 1975 Jagdish Prasad Sharma, P.W.l. lodged a written report addressed to the Station House Officer, Police Station Bassi, wherein it was alleged by him that his father's sister those name was Bhuwani and who had become widow in her childhood, used to live at their residence. She was about 70 years of age. On that morning at about 11 a m, she was going from her house towards the village Gonare. In the way near village Burthal someone followed her on cycle and she was killed by inflicting lathi blows. She was thereafter dragged on a side from the route and her both the legs were cut and the silver kadas which were in her both the legs have been removed. Approximate weight of those silrve kadas are about 1/12 kg. On the receipt of this report a case under section 302 Penal Code was registered and investigation commenced. On June 28, 1974 the autopsy of the corpse was got conducted by Dr. Om Prakash Gupta, PW. 10, Medical Jurist, S. M. S. Hospital, Jaipur, who found the following external and internal injuries on the person of the deceased : External ;
1. Incised wound 9 cm X 3 cm transverse on forehead in middle. 4 cm above eye brows, bone deep.

2. Incised wound 3 cm X 1 cm verticle in mid line, extending from bridge of nose to wound No. 1. It was bone deep.

3. Incised wound 3 cm X 1 cm parallel to mid line. 1 cm right to it, on posterior part of parietal region from scalp, bone deep.

4. Incised wound 3 cm X 11/2 cm on left side of scalp in occipital parietal region 7 cm from mid line, perpendicular to mid line, bone deep.

5. Incised wound 3 cm X 11/2 cm on left side of scalp in occipital region. 10 cm from mid line, bone deep.

All the injuries were anti-mortem in nature and all the five injuries were caused by some sharp cutting weapon.
Legs :
The portion of both the legs with lower third with feet were lying apart from the dead body. The cut portion of the protinal portions of the remaining legs are simulting with that of the amputated portions in their size. The cut portions are not uni formally regular though the margins are clear cut. These injuries of legs were post mortem in nature, caused by some sharp cutting weapon.
Scalp, skull and vertebrae and membranes, brain and spinal cord ;
(ii) Fracture frontal bone transverse. 9 cm. long and 7 cm above eye brows both.

Fracture frontal bone verticle in mid line extending from above mentioned fracture No.l downwards upto bridge of nose.
Brain :
Laceration in right frontal bone and subdural haematoma right parietal

(3.)The Investigating Officer P.W. 16 Himmat Singh on the same day i.e. June 28, 1974 after inspecting the site prepared the memo of site-inspection and inquest report and also recovered certain goods lying by her side. The Investigating Officer found near the spot two foot prints, (the marks of a sandal) and he took its mould and prepared memo Ex. P. 11. The Investigating Officer on the same day arrested the accused and prepared the arrest memo Ex. P. 18. When the accused was arrested he was, found having cycle Art. 4 with him which was also seized. A transistor was also recovered from his possession besides Rs. 620.00 in cash. After his arrest the accused while in custody gave an information Ex.P.23 to the effect that he had sold the silver kadas to a Sarraf near Chhoti Chaupad in Jaipur and he can point out the shop. The accused was taken to Chhoti Chaupad where he pointed out the shop of Shri Radha Govind, PW. 6 to whom he had sold the aforesaid silver kadas for a sum of Rs. 965.00. Radha Govind produced the kadas sold to him by the accused and also the register Ex.P.8. wherein he had made the entry of the said transaction. The accused thereafter gave another information to the effect that the bushshirt and the dhoti which he was wearing at the time of committing murder have been placed by him at the residence of Deena Harijan, PW.7 which also he can get recovered. In consequence of this information the said clothes were also recovered at the instance of the accused in the presence of motbirs and were seized and sealed as they were found to be stained with blood. On the next day i. e. June 29, 1974 the accused again while in custody gave information regarding recovery of knife dagger which was recovered at his instance from Patwarkhana where he was living. This dagger was also seized and sealed as it was found stained with blood. The clothes and dagger were sent to Chemical Examiner and Serologist for obtaining the reports which have subsequently been received and are Ex. P. 27 and P. 28. The impression of the sandals of the accused was also taken and it was sent for comparison with the mould taken from the spot to the Director, Finger Print Bureau who sent his report Ex. P. W. 29 stating that there was a mark similarity between the two. After completion of the investigation a charge-sheet was submitted against the accused-appellant in the j court of Additional Judicial Magistrate, Dausa who committed the accused to face trial before learned Sessions Judge, Jaipur District, Jaipur for offence under sections 302 and 392 I. P. C. The charges were read over to the accused to which he pleaded not guilty and claimed to be tried. The prosecution in support of its case examined sixteen witnesses. The accused admitted in his statement recorded under section 313 Cr. P. C. the recovery of the silver kadas on the information furnished by him and stated that the kadas belonged to his wife and were bearing mark 'A' on them. He stated that since his wife was pregnant and he was in need of money he sold the silver kadas to Radha Govind Sarraf. It is pertinent to mention here that when the accused had gone to sell the silver kadas to Radha Govind PW.6, he was accompanied by his father Chhotu PW. 5, Deenaram Harijan PW. 7 and his wife. The prosecution relied upon five circumstances against the accused to connect him with the crime namely, (I) the recovery of the silver kadas in consequence of the information furnished by the accused and belonging to Mst. Bhuwani deceased (2) recovery of bushshirt and Dhoti which have been found to be stained with human blood (3) recovery of blood stained dagger at the information and instance of the accused (4) the accused was seen nearby the place of occurrence in the noon of June 27, 1974 and (5) similarity of shoe marks of the accused's sandal with the mould taken from the scene of thee occurrence.

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