- (1.) This appeal has been preferred by the Appellant - Ratan Lal who has been convicted by the Additional Sessions Judge (Fast Track), Bhilwara, Rajasthan for having murdered Nandu - wife of Juwara. The conviction by learned Sessions Judge has been affirmed by the Rajasthan High Court. The case of the prosecution was that on 18.06.1999, the Up-Sarpanch of Suwana village was informed that the dead body of a lady was lying in the field of Golaiyon. On receiving this information, the Up-Sarpanch (PW-1) took some persons with him and reached the field near Haled village and found the dead body of the female. Both the legs of the dead body were severed and blood was lying on the earth. The Up-Sarpanch (PW-1) then made a written report and on that basis, an F.I.R. was registered and subsequently a charge-sheet was filed against Ratan Lal and Smt. Prem Devi for an offence punishable Under Section 302 of the Indian Penal Code (for short 'Indian Penal Code').
(2.) After recording the evidence, learned Trial Judge convicted both Ratan Lal and Smt. Prem Devi for having caused the murder of Nandu and they were accordingly convicted and sentenced for imprisonment for life punishable Under Section 302 read with Section 34 of the Indian Penal Code. They were also convicted and sentenced for an offence punishable Under Section 394 read with Section 34 of the Indian Penal Code.
(3.) Both of them filed appeals before the Rajasthan High Court where they were represented by learned Amicus Curiae. It was pointed out by the Amicus that the case was one of circumstantial evidence and that the Trial Court had considered six circumstances for convicting Ratan Lal and Smt. Prem Devi. These six circumstances are as follows: i) Deceased being taken away by accused Ratan Lal in the morning of 17.06.1999 and last seen in the forest of village Haled in the company of accused persons. ii) Recovery of knife from accused Ratan Lal. iii) Tallying of the group of blood found in the stains on the shirt and pant worn by accused at the time of incident with the blood found on the sari of the deceased, clothes of Mst. Prem Devi and the sample soil smeared with blood. iv) Recovery of ornaments of deceased from accused Prem Devi. v) Tallying of blood group found on Odhani and Lehanga of accused Prem Devi, which she was wearing at the time of incident, with the blood group of the deceased, Sari and the sample taken of blood smeared soil. vi) Motive.;