V.S.Dave, J. - (1.) Briefly stating the prosecution case is that Kamla Bai (P.W.3) lodged a written report at Police Station Kaithuni Pole, Kota wherein it was alleged by her that she is residing in Chavani Kota where from she had come to see her mother, who was staying in Kaithuni Pole area at about 12.30 p.m. She found the house locked so she thought that she might be returning soon but having waited for quite sometime, she got suspicious as she was not traced in the locality. She saw through the window on the rear side of the house by pushing it open and she saw that her mother was lying dead on a coat with a white cloth tied to her neck. She did not notice the Bali (earnings), which she used to put on three in each ear. On receipt of this report, a case was registered for offence under Sec. 460 IPC and investigation commenced. Prem Prakash (P.W.8), the Investigating Officer, inspected the site and prepared the site plan Ex, P.8A. He also got the photographs of the place of occurrence and thereafter got the post mortem of the dead body conducted. Dr. Navin Saxena, at 8.00 a.m. on 24-4-86 conducted the post mortem and found the following injuries on the person of deceased Pushpa Devi:- ...[VERNACULAR TEXT OMITTED]... According to him the case of death was suffocation and osphyxiadue to strangulation. During the course of investigation, accused Shivanand was arrested on 27-4-86 at Bus-stand, Tonk. Shivanand gave information to the police that he has sold six gold Bali to a shop-keeper near a tailor shop in Subhash Market, which he can point out. The police took him to Subhash Market where he pointed out to the shop of one Beni Prasad Sarraf. Beni Prasad stated that the accused had sold to him Bali which he produced before the police and stated that they weighed one Tola and two Aana and he paid Rs. 2,575/- to the accused against the sale price. He also produced documents to show the bonafides of his purchase of the Bali from the accused which included a receipt and a 'Chopani' (Account-book). Police also recovered Rs. 1815/- from the residence of the accused which remained with him after spending the remaining amount out of which Rs. 300/- he had repaid to Ram Prasad from whom he had taken loan.
(2.) After completing the investigation, a charge-sheet was submitted in the Court of learned Judicial Magistrate, 1st Class, Kota, who committed the accused to Sessions for trial. The accused was read over charges for offences under Sections 302, 449 and 380 IPC. He denied the charges and claimed to be tried.
(3.) Prosecution examined as many as 13 witnesses in support of its case. Accused furnished no explanation in his statement and the learned Judge after hearing arguments convicted and sentenced the accused appellant, as indicated above.;