NAVAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant stands convicted under Sections 302, 449 and 380 of the Indian Penal Code. He was sentenced to life imprisonment on the first count, rigorous imprisonment for seven years and five years respectively for the remaining counts. He is alleged to have murdered two females on the night of 6.1.1993 for the purpose of burglary in the house. The conviction and sentence were confirmed by a division Bench of the High Court of Rajasthan when he filed an appeal.

(2.) Deceased Sugani was a widow. She had no issue. She was staying with her brother's daughter Kumari Mamta who was then studying in the 7th class. The prosecution case is that appellant who was known to the deceased went to the house during night, knocked at the door and when it was opened he went inside and then for committing burglary he strangulated both the deceased with ligature and killed them. Thereafter, he removed the ornaments from the person of the deceased as well as from the house and decamped with the booty. He was arrested on the following evening. On the strength of the information supplied by him the stolen articles were recovered.

(3.) Learned Counsel contended that one circumstance pitted against the appellant is that he was identified only by the voice when a neighbour heard the words "taiji - Taiji" (aunt). We are inclined to accept that part of the argument of the learned Counsel as the identification by voice is normally considered a weak piece of evidence. Barring that circumstance the prosecution succeeded in proving that the burglary and the murders were committed by the appellant. The very fact that burgled articles were recovered from his possession, that too pursuant to the information supplied by him would go a long way in raising a presumption that he had a hand in the murder because the burglary and the murders apparently were so inextricably connected together.