L.S.MEHTA, J. - (1.) THE charge against the accused Mohanlal was that he murdered a woman named Mst. Goran and thereby committed an offence under Section 302, IPC. The other charge against him was that he committed trespass in order to the committing of an offence punishable with death and thereby committed an offence under Section 449 IPC. The third accusation against him was that he committed theft in the house of Mst. Goran and thereby committed crime falling under Section 380, IPC. The accused was tried by the learned Sessions Judge, Bikaner, and was found guilty of the indictments under the above sections of the Penal Code and sentenced as follows: (1) for offence Under Section 302, IPC. Life imprisonment. (2) for offence Under Section 449, IPC. 8 years' rigorous imprisonment. (3) for offence Under Section 380, IPC. 7 years' rigorous imprisonment. All the sentences so awarded were directed to run concurrently. The accused Mohanlal felt aggrieved by the above verdict and filed the present appeal.
(2.) THE story placed for the prosecution is that Mst. Goran, a resident of Bikaner, had been married to Poonamchand. Her husband breathed his last when she was of tender age. She had adopted a son Gyan Chand, brother of PW 1 Dharam Chand, Gyan Chand lived in Calcutta, where he carried on some business. Mst. Goran resided in her own house in Bikaner. Mst. Siria was employed by Mst Goran to cook meals and do miscelleneous domestic work. The accused Mohanlal is the son of Mst. Siria who lived in Golechan line, Bikaner. Mohanlal got a job of a serveillance worker, Malaria Department, Ghadyala. Whenever he came to Bikaner, he had had the occasion to visit the house of Mst. Goran, as his mother was engaged there. Dharam Chand, younger brother of Gyan Chand, also called on Mst. Goran off and on. Lastly he met her on Baisakh Badi 7 (April 13, 1966), At that time Mst. Siria was also present there. On April 14, 1966, Dharam Chand again wanted to meet Mst. Goran, but he found her house locked from outside. On April, 15, 1966, Dharam Chand made further attempt to see Mst. Goran,but he found her house locked. He felt disguestingly filthy and stinking smell coming out of her house. Some neiehbours advised Dharam Chand to inform the police officer concerned of the matter. Consequently he lodged first information report, as contained in Ex. P3, in the night of April 15, 1966. Next day, that is, on April 16, 1966. PW 22, Mukand Singh, Station House Officer, Bikaner, got the lock of Mst. Goran's house broken. On his entering the house along with some Motbirs, it was found that certain articles of Mst. Coran were lying strewn in the courtyard. On search having been effected, Mst. Goran was found dead in a water cistern. Her dead body was taken out from the water reservior by Nenu Khan (PW 4). No ornament was found on the body of the deceased. The corpse contained only a 'Lengha' Ex. 7, 'Ordhna' Ex. 8 and blouse Ex. 9. The dead body was sent to PW 15 Dr. G. K. Bhatnagar, Medical Jurist, Associated Group of Hospitals, Bikaner, for autopsy. Following injuries were found on the person of the deceased: 1. Lower lip on the mucus surface shows much haemorhage in the middle. No injury seen on upper lip as it was discoloured and decomposed. 2. Haemorrhage seen in the scalp in the middle on the occipital region 2' x 2'. 3. A reddish area (contusion) 6' x 4' on the antero medical side of left thigh upper 1/3 and on dissection haemorrhage was seen in this area. 4. A reddish area contusion 5' x 3' on the antero medical side of right thigh upper 1/3 and on dissection haemorrhage was seen in this area. 5. A reddish area (contusion) 4' x 3' on the posterior side of side of left thigh upper 1/3. Haimorrhage was seen on dissection. 6. A reddish area 3' x 3' on the left side chest upper part and haemorrhage was seen underneath on dissection. These was no mark of ligature on her neck. In the opinion of the Doctor Mst. Goran did not die of drowning. In all probability the cause of her a death was asphyxia due to smothering. Both Mst. Siria and her son Mohanlal were arrested by the police. Mohanlal, however, could not be found till May 1, 1966. That day he was found standing near the bus stand of Gangashahar. He had a leather bag with him. The bag was searched and 6 gold bangles Ex. 14, a pair of gold 'Choth' Ex. 33 and 3 currency notes of denomination of Rs. 100/ - each were recovered therefrom Later on the accused Mohanlal gave information to the Station House Officer, Mukand Singh, that he had put Mst. Goran's jewellery and other articles somewhere near Raghunath Sagar Tank, Bikaner. That information was reduced to writing and is marked Ex. P -32. In pursuance of the information the police recovered certain ornaments, such as, 'Calpatia' of gold Ex. 17, 'Surlaipa' Ex. 16, gold 'Kara' Ex. 19, seven gold buttons with chain Ex. 10, gold chain Ex. 22, gold watch Ex. 20, gold 'Churis' Ex. 21, gold 'Patri' Ex. 11, pair of 'Lung' Ex. 12, gold teeth cleaner Ex. 14, ring Ex. 13, 'Challa' Ex. 16; ring Ex. 33 and necklace Ex. 34 near Raghunath Sagar tank under a 'Kumbhat' tree. Most of the ornaments inedtified by Dharam Chand, PW 1, in the identification proceedings conducted by the sub -Divisional Magistrate, Shri Radhey Shyam (PW 17). Mohanlal was also found in possession of a watch Ex. 32, purchased from Bhagirath PW 16 for a sum of Rs. 75/ - under cash memo, dated April 25, 1966, (Ex. P -26). He was also having some clothes from Hotchand, a shop -keeper of Jodhpur, for a sum of Rs. 82.99 paise under cash memo No 823, dated April 15, 1966. Both these articles were seized by the police under memo Ex P 14. The police also recoved at the instance of accused Mohanlal a key Ex. 20 near Raghunath Sagar Tank. A memo in respect thereto was prepared and is marked Ex. P 12. Certain articles were also recovered at the instance of Mst. Siria with which we are not concerrned here. Mohanlal remained remained absent from his duty at Ghadyala from March 30, 1966 to April 12, 1966 and again from April 14, 1966 onwards After necessary investigation to police charge -sheeted the accused Mohanlal and Mst. Sirial for offences under Sections 120B, 302.380, 411, 460 and 201. IPC., and put up the relevant papers in the court of the Additional Munsiff Magistrate, Bikaner. The said Magistrate conducted preliminary inquiry in accordance with the provisions of Section 207A, Cr. P.C., and committed both the accused Mohanlal and Mst. Siria to the court of Sessions Judge, Bikaher, to face trial for offences under the said sections of the Indian Penal Code.
(3.) BOTH the accused denied to have committed any offence. The accused Mohanlal further stated that he had lived separately from his mother Mst. Siria. He left Ghadyala on April 7, 1966, and went away to Bikaner to attend a meeting and stayed there upto April 11, 1966. He further said that he left Ghadyala on April 15, 1966, by bus. He denied to have absent from his duty and asserted that he was at Ghadyala during the relevant period. He admitted that the leather bag enzed by the pole belonged to him, but it did not contain the gold bangles and the 'Choth . He also denied to have got recovered articles as contained in Ex P 11. He further denied to have got the key of the lock of Mst. Goran's house recovered. He admitted to have purchased the watch from Bhagirath at Nagaur and some ready made clothes from the shop of Hotchand at Jodhpur. On behalf of the prosecution 22 witnesr were examined by the trial court. The accused Mohanlal in his defence of alibi examined one witness Jesha, his father -in -law. The trial court gave finding that the ornaments were recoverdd on the information and at the instance of the accused and that these ornaments Mst. Goran used to wear. They were taken away by the accused Mohanlal and that it was he who committed her murder. Consequently, it convicted and sentenced the accused Mohanlal, as as stated abave. Mst. Siria was, however, given benefit of the doubt and was acquitted of the indictments with which she stood charged. .;