S. K. SHARMA, J. - (1.) THE appellant was found guilty by the learned Sessions Judge Tonk vide judgment dated january 23. 1995 in Sessions Case No. 106/93. He was convicted and sentenced under sections 457, 382 and 302 IPC as under:- U/s. 457 IPC to under to 3 Years RI and fine of Rs. . 200/- in default to further undergo one months RI. U/s. 382 IPC to undergo 2 years RI and fine of Rs. . 200/- in default to further undergo one month RI. U/sec. 302 IPC to undergo imprisonment for life and fine of Rs. 200 in default to further undergo one month RI. All the sentence were directed to run concurrently.
(2.) THE incident, as pictured by the prosecution, happened like this. Virendra Singh (PW. 1) former Sarpanch of village Bench submitted a written report ex. P. 1 with the Police Station Baroni (Tonk) on September 11, 1993 in regard to brutal murder of a village lady Sushila who on the previous night slept alone in her house as her husband had gone to well to irrigate the field and her father-in-law slept in the corridor outside the house. In the morning when she did not respond, her father-in-law, entered the house and found her lying dead in a pool of blood. THE assailant in order to remove silver anklets and nose ring, slashed her ankle joints and face. THE Police Station Baroni registered a case under Sec. 302, 460 and 382 IPC. and investigation commenced. Inquest report Ex. P. 3, Site Plan Ex. P. 11 and other necessary memos in regard to recoveries of various articles were drawn. Statements of the witnesses under Sec. 161 Cr. P. C. were recorded. Dead body of Sushila was subjected to autopsy. THE appellant was arrested on September 15, 1993. On the basis of information supplied by him under Sec. 27 of the Evidence Act SHO Mal Singh PW. 16 recovered silver anklets, one gold nose ring and four gold earrings from the house of the appellant. Knife allegedly used in the incident was also recovered at the instance of the appellant. Blood stained clothes were also recovered and seized. On conclusion of investigation charge sheet was filed. In due course the case came for trial before the learned Sessions Judge. Charge under Sec. 457, 382 and 302 IPC were framed against the appellant, who denied the charges and claimed trial. THE prosecution examined as many as 18 witnesses in support of its case. In his statement under Sec. 313 Cr. P. C. the appellant pleaded innocence. However no evidence in defence was examined by him. THE learned trial court on hearing the final submissions convicted and sentenced the appellant as indicated hereinabove. Broadly speaking, circumstantial evidence against the appellant in the instance case is two fold. In the first category comes the testimony of Jagdish (PW. 4) who has seen the appellant on the night of the incident wandering near the house of the deceased and the evidence of second category comprises the disclosure statements Ex. P. 4, Ex. P. 5 and Ex. P. 23 of the appellant, on the basis of which recoveries of ornaments of the deceased, knife and blood stained clothes of the appellate were effected vide recovery memos ex. P. 6, Ex. P. 7 and Ex. P. 5. One more connecting evidence is the report of FSL Ex. P. 25. Jagdish (PW. 4) in his deposition stated that around 1 a. m. in the night when he went out of his house to urinate, he saw a person putting on chaddar over him and was going upwards the hill. On being asked about his identity he replied that he was Bhanwar Lal and came over there to attend the call of nature. At that time Bhanwar Lal was about 200 years away from the house of Ram Ratan (the husband of the deceased ). It is borne out from the statement of Jagdish that he and Bhanwar Lal were the neighbours from their childhood and he identified Bhanwar Lal from his voice and face. The appellant was arrested on September 15, 1993 vide arrest memo Ex. P. 14. At the time of arrest, marks of old incised wounds were found on his left thumb and three fingers of right hand. On the said date at 1. 20 p. m. the appellant made a disclosure statement to Mal Singh SHO (PW. 16) on the basis of which silver ankles weighing 1 kg. 340 gms. , Gold nose-ring weighing 12 gms. 200 milligrams and found gold earrings weighing 22 gms. 250 milligrams were recovered from the house of the appellant. Recovery memo Ex. P. 6 was drawn and Jagdish (PW. 4) and Ram Chandra (PW. 7) put their signatures as Motbirs. Jagdish (PW. 4) deposed that Bhanwar Lal was taken to his house in police vehicle. He got down from the vehicle, opened the lock of his house with the key possessed by him. The ornaments that were concealed in the `chulha' (fire place used for cooking the fold) wrapped in a sock, got recovered by the appellant in his presence. Ram Chandra (PW. 7) and Mal Singh (PW. 16) also testified the recovery of the ornaments at the instance of the appellant. Nenu Ram (PW. 17) stated that he carried the sealed packed of ornaments from Mal Khana and placed it before the Tehsildar Niwai for identification. Alok Chand Chanturvedi (PW. 18) who was Tehsildar, stated that he conducted the identification proceedings on October 1, 1993 and the ornaments were identified by Ram Ratan (PW. 15 ). Memo of identification proceedings (Ex. P. 22) was drawn. Ram Ratan (PW. 15) in his deposition stated that his wife Sushila before the incident was wearing Nose-ring, earrings, silver anklets and other ornaments but after the incident no ornament was found on her dead body. he had identified nose ring, earrings and silver anklets before the Tehsildar and put his signatures. On the basis of another disclosure statement (Ex. P. 4) of the appellant, Mal Singh SHO (PW. 16) recovered knife from his house vide recovery memo Ex. P. 7. Recovery of blood stained chaku (knife) Article-11 was effected in front of Motbirs Jagdish (PW. 4) and Ram Chandra (PW. 7 ).
(3.) THE appellant made yet another disclosure statement (Ex. P. 6) on the basis of which his blood stained clothes comprising of Baniyan, Tehmad and Chaddar (bed sheet) was recovered vide recovery memo Ex. P. 8 in the presence of Motbirs Jagdish and Ramchandra. As per the post mortem report Ex. P. 19, Sushila sustained following injuries- (i) Incised would 3 1/2 cm. x1/2 cm. x 1/2 cm. on right side of face. (ii) Incised wound 2 cm. x1/4 cm. x 1/4 cm. on right side of face. (iii) Incised wound 1 1/2 cm. x1/4 cm. x 1/4 cm. on right side of face. (iv) Incised wound 2 cm. x5 cm. x cavity deep on right side of neck. (v) Incised wound 3 cm. x2 cm. x 1/2 cm. on right side of face. (vi) Incised wound 1 cm. x1/2 cm. x 1/2 cm. on upper border of right pinna. (vii) Incised wound 2 cm. x1 cm. 1/2 cm. on right temporal region. (viii) Incised would 1 cm. x 1/4 cm. x 1/4 cm. on right side neck. (ix) Incised wound 1 cm. x1/4 cm. x 1/4 cm. on right side neck. (x) Incised wound 1 cm. x1/4 cm. x 1/4 cm. on right side neck. (xi) Incised wound 12 cm. x3 cm. x 3 cm. on left side of neck. (xii) Incised wound 1 cm. x1/4 cm. x 1/4 cm. on submandibular region left side of face (xiii) Incised wound 1 cm. x1/4 cm. x 1/4 cm on submandibular region left side of face. (xiv) Incised wound 1 cm. x1/4 cm. x 1/4 cm. on submandibular region left side of face. (xv) Incised wound 1 cm. x1/4 cm. x 1/4 cm. in front of traqus on left side face. (xvi) Incised wound 1 cm. x 1/4 cm x 1/4 cm. in front of traqus on left side of face. Right cerotid oty, Right carotid view and muscle in right side or neck cut. Trachea above cricoil cartilage cutt. (xvii) Incised wound 4 cm. x 1 cm x bone deep extensor surface of left middle finger. (xviii) Incised wound 2 cm. x 1/2 cm. x 1/2 cm. extensor surface of left middle finger. (xix) Incised would 1 cm. x1 cm. x 1/2 cm. little finger right hand palmer surface (xx) Incised wound 1/2 cm. x/12 cm. x 1/2cm. middle finger right hand palmer surface. (xxi) Incised wound 1/2 cm. x1/2 cm. x1/2 cm. on ring finger right hand palmer surface. (xxii) Left foot-Amputation at ankle joint by sharp object) all the bones are intact. (xxiii) Right foot-Circumscribal incised wound 5 cm. above ankle joint (Rt.) x 2 cm. broad x bone deep. Amputation at right ankle joint (by sharp object) all bones are intact. Left and right ankle joints disclosed both foot separated from both legs. The cause of death was shock by severe hammorrhage from cutt down of right carotid artery. Dr. Ravi Mishra (PW. 12) who was a member of Medial Board and one of the signatory of the post mortem report, stated in his cross examination that although in the postmortem report it was not mentioned but that amputation of both foot was made after the lady had died. She sustained injuries No. 18, 19, 20 and 21 on account of her struggle with the assailant. Blood stained clothes of deceased Sushila comprising of Luqra, Kabja and Ghaghra were recovered vide recovery memo Ex. P. 10. ;