SHARMA, J. - (1.) THIS criminal jail appeal by accused appellant Naresh arises out of the judgment and order dated 31. 01. 1996 passed by the learned Sessions Judge, Jaipur District, Jaipur thereby holding he accused appellant guilty for the offence under Sec. 302 and 394 I. P. C. While convicting the accused appellant, the learned Sessions Judge has sentenced him to undergo life imprisonment with a fine of Rs. 100/-, in default of payment of fine, to further undergo one months rigorous imprisonment on the first count, and to undergo 2 years rigorous imprisonment with a fine of Rs. 200/-, in default of payment of fine, to further undergo one months' rigorous imprisonment, on the second count.
(2.) BRIEFLY stated the facts of the case, are that on 12. 08. 1993 PW. 21 Khushal Singh. S. H. O. Police Station Bassi received an information on wire-less that someone by imputing the foot of a lady has taken away her silver anklets and her dead body is lying near Village, Kuthada. On receiving the above information, the SHO alongwith police party rushed to to Village, Kuthada where, Sita Ram S/o Bhagwan Sahai submitted a written report Ex. 7 on which he made an endorsement and proceeded to investigate the case and on the aforesaid written to the Police registered a case vide F. I. R. No. 302/93 under Sec. 302 and 394 IPC on 13. 8. 2001 at 1. 15 P. M. During investigation, PW. 21 Khushal Singh, prepared inquest report of deceased Guli Devi Ex. P. 8. Later on PW. 19 Sumer Singh, Circle Officer inspected the site on 13. 8. 1993 and prepared Ex. P. 1 site plan. He also took in possession the blood smeared cloths of deceased Guli Devi vide Ex. P. 2, blood smeared soil vide Ex. P. 3, a cement piece of floor of Kheli (meant for cattles' drinking water) having blood stains vide Ex. P. 4, one strap of wrist watch vide ex. P. 5, one Lathi and one pair of Shoe vide Ex. P. 6. He also recorded the statements of Smt. Mooli Devi, Ram Dayal, Gopal, Sanjay, Sita Ram, Mathura, Babu Lal, Smt. Chotta, Ramrai, Rameshwar and Ganesh under Sec. 161 Cr. P. C. Pw. 17 Poonam Chand Vishnoi, went to Uttar Pradesh in search of accused Naresh and apprehended him in the Village, Pahadi District, Banda (U. P.) and brought and produced him to S. H. O. , Bassi who in turn arrested accused Naresh vide arrest memo Ex. P. 14 dated 20. 01. 1994. Accused Naresh on 20. 01. 1994 gave an information Ex. P. 17 under Sec. 27 of the Indian Evidence Act for the recovery of ornaments of deceased Guli Devi. On the basis of the above information Pw. 17 Punam Chand Vishnoi at the instance of accused Naresh recovered one pair of silver anklets of foot, one pair of silver anklets of hands, one pair of silver ear-rings and one golden nose-ring (nath) from Ram Charan and prepared memo Ex. P. 14. Again on 27. 01. 1994 accused naresh gave an information Ex. P. 18 to Pw. 21 Khiushal Singh for the recovery of "khurpi" the alleged weapon of offence and Pw. 21 Khushal Singh recovered that "khurpi" at the instance of accused Naresh vide Ex. P. 10 and also prepared the site plain of the place of recovery Ex. P. 9 Pw. 21 Khushal Singh also prepared Ex. P. 11 site plan at the instance of accused Naresh. Pw. 1 Dr. Kailash Narain conducted the post-mortem report of Smt. Guli Devi and prepared Ex. P. 1. He found the following injuries on the person of deceased Gulli Devi: (i) Rt. foot with 10 cm of leg above ankle joint separated from the remaining leg and lying near the body, cut end of lower end of tibia and fibula are protuding cut 10 cm with lacerated wound. (ii) Left foot separated from the remaining leg just above ankle joint and lying near by the body, cut end of lower end of tibia and fibula are protuding 15 cm with lacerated wound. (iii) Dislocation of Rt. shoulder joint. The Doctor opined that all injuries were ante mortem in nature. According to him the cause of death was hemorrhagic shock associated with Asphyxia due to compression of neck.
(3.) PW. 18 Pokhar Mal, Incharge of "malkhana" deposited the recovered articles in the "malkhana" and made entries in the register at Ex. P. 15 and Ex. P. 16 PW. 2 Amar Singh deposited six sealed packets at the Forensic Science Laboratory, Jaipur for chemical analysis and submitted its receipt, Ex. P. 2 at Police Station, Bassi. Pw. 13 Sugan Chand, Tehsildar, Bassi conducted the identification of ornaments vide Ex. P. 12 and Pw. 14 Rameshwar husband of deceased Guli Devi correctly identified the ornaments to be belonging to deceased Guli Devi. Ex. P. 19 is the report of Forensic Science Laboratory, Jaipur which indicates that blood smeared soil, Odani, Blouse, Ghaghara, strap of wrist watch and piece of floor were smeared with human blood of Group-A. On completion of investigation narrated above, a charge sheet under Sec. 302 and 394 I. P. C. was submitted against accused Naresh in the Court of Judicial Magistrate, Bassi, who in turn, committed the case to the court of Sessions. ;