BHURI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the aforesaid appeals are being disposed by a common order, as they arise out of the same occurrence. The appellants and co-accused Budh Singh and Padam Singh were put on trial before the Additional Sessions Judge, Bayana in Sessions Case No. 70/91 for the offences punishable under Sec. 302, 392 and 120-B, IPC. The learned Trial Judge vide impugned judgment and order dated Oct. 21, 1992 acquitted co-accused Budh Singh and Padam Singh, but convicted the appellants Bhuri Singh and Kalyan Singh under Sec. 302, 392 and 120-B, Penal Code and awarded various sentences of imprisonment including life imprisonment under Sec. 302, IPC.

(2.) To bring home the guilt of the accused, the brief facts of the case are as under:

(3.) The deceased Smt. Bhoti wife of Gopal had gone to collect the grass from her field in the after-noon of 28th Sept., 1991. When she did not return home by evening on the same day, a search of her was made by the villagers and Ramjilal, the elder brother of Gopal. On search, her dead body was found in the field. A report of the incident was made by Ramjilal at Police Station Halena, where Crime No. 92/91 was registered under Sec. 302 and 392, IPC. Post-mortem of the dead-body was conducted by PW 10 Dr. N.K. Jain at 9.30 a.m. on 29th Sept., 1991. The doctor opined that cause of death and manner of death of Smt. Bhoti was Asphyxia due to tying of Saree around her neck. The appellants Bhuri Singh and Kalyan Singh were arrested on 29th Sept., 1991 vide arrest memos Ex.R 4 and Ex.P 5. It is alleged that some ornaments were recovered from their possession at the time of the arrest, which belonged to Smt. Bhoti. Thereafter, one silver chain was also recovered from PW 1 Lakhan vide seizure memo Ex.R 6 on the information of the appellant-Bhuri Singh. After recording statements of prosecution witnesses under Sec. 181 Cr.PC and completing other formalities, a charge sheet was filed against the appellants and co-accused-Budh Singh and Padam Singh. After being committed, they were tried, in the Court of learned Additional Sessions Judge, Bayana and ultimately convicted and . sentenced as aforesaid.