JAS RAJ CHOPRA, J. - (1.) THESE four appeals : one represented appeal by accused Rajaram, two represented appeals by accused Hanuman and one Jail appeal by accused Rajaram and Hanuman, are directed against the judgment of the learned Addl. Sessions Judge, Raisinghnagar dated 14.11.1986 where by the learned Addl. Sessions Judge has held the accused -appellants Rajaram and Hanuman guilty of the offences under Sections 302, 120B, 404 and 460 IPC and has sentenced them to life imprisonment together with a fine of Rs. 200/ -each and in default payment of fine to further undergo imprisonment for two months for the offence under Section 302 IPC; ten years' rigorous imprisonment together with a fine of Rs. 200/ -each and in default of payment of fine to further undergo simple imprisonment for two months for the offence under Section 120B IPC; ten years' rigorous imprisonment together with a fine of Rs. 200/ - each and in default of payment of fine to undergo two month's simple imprisonment for the offence under Section 460 IPC; and three years' rigorous imprisonment together with a fine of Rs. 200/ - and in default of payment of fine to further undergo two months' simple imprisonment for the offence under Section 404 IPC. All the sentences have been ordered to run concurrently.
(2.) THE facts necessary to be noticed for the disposal of the appeals briefly stated are : that/hariram the husband of the deceased Mst. Nanudevi was the Nazam (Sub -Divisional Magistrate) in Bikaner District. He married twice. His first wife Mst. Nanu Devi being the wife of Nazam was locally called as Nazmani'. She was living in village Lunewala. His second wife Smt. Gopoli Devi and her son Ajay Kumer were living in Raisinghnagar. At the time of her death, Mst. Nanudevi was aged about 80 years and accused Rajaram was looking after her. Hariram had died and Mst. Nanudevi had he issue of her own. It is alleged that Mst. Nanudevi died the night intervening between 18.10.19.84 and 19.10.1984. Her dead body was found in her house near the place where the cows were tied. In the morning, when the persons found her dead body lying near the cows with a bucket, they thought that Mst. Nanudevi has been killed by the claws of the cows. Mst. Gopali Devi and her son Ajay Kumar were informed and they came to the village. Prior to that, other villagers were also informed and they removed her dead body and put it in the chowk of the house and thereafter as per the customs of the Bishnoi community, her dead body was burried.
(3.) HOWEVER , it is alleged that accused Rajaram who was looking after the affairs of Mst. Nazmani was apprehended by the Boarder Security Force people and on his search, it was found that he was carrying a bag in which lot of silver and golden ornaments were there. That raised suspicion in the mind of the B.S.F. authorities and, therefore, he was produced before the police by the B.S.F. people alongwith recovered ornaments. On the basis of the list of recovered ornaments proposed by the B.S.F. people, the Police prepared seizure memo Ex. F.1 of the Ornaments and its report was registered in the Rapat Hoznamcha Ex. P.2. The seized ornaments were hended over to the Malkhana Incharge vide memo Ex. P.3 and the proceedings under Section 102 Cr.P.C. were undertaken. It is further alleged that on 30.10.1984, accused Rajaram went to one Ram Section Pal Bishnoi resident of Lunewala, who has ened to be his Uncle in close relation and told him that he should save him because he has committed a mistake. He was very much perturbed. When P. 3 Ram Gopal asked him as to what mistake, he has committed then he told him that he and one Hanuman have killed Mst. Nazmani by strangulating her neck. P.W. 3 Ram Gopal the accused asked him who also was with them. On this, accused Rajaram told him that P.W. 1 Jaipal was standing outside and was keeping a watch. He further told that this act has been committed in convinance with Sohanlal and his wife. He has committed this crime on account of greed for money. Accused Rajaram told P.W.3 Ramgopal that the Police is behind him and, therefore, he should save him because the Police in suspecting that it was he who has killed Mst. Nazmani on account of the fact that the BSF people apprehended him with the ornaments. P.W. 3 Ramgopal then immediately want to Raisinghnagar and gave out his statement Ex. P.5 to the Police, wherein he has desclosed that the seized ornaments have connection with the murder of Mst. Nazmani. On this F.I.R., Ex. P.25 was drawn and a case under Sections 302, 460, 114, 120B and 147 IPC was registered against all these persons and P.W. 10 Bheemsingh S.I. was directed to conduct investigation of this case by the Superintendent of Police. Thereupon, P.W. 10 Bheem Singh alongwith Dy. Superintendent of Police, Raisinghnagar, Sub -Divisional Magistrate, Raisinghnagar and three Doctors went to the place of the occurrence, dug out the dead body, got its postmortem examination conducted vide Ex. P.9 and also prepared the Inquest Memo Ex. P.12. The site was inspected and the site plan Ex. P.S. and site Inspection Memo Ex. P.6 were prepared. The accused appellants Hanuman and Rajaram were arrested vide Memo Ex. P.13 and 14 respectively. At the instance of accused Rajaram, one bag was recovered and the seized ornaments were put for identification before Mst. Gopali Devi and others. The visceras of the dead body were also taken and were sent for chemical examination. The Chemical Examiner has reported that the portions of viscera (1 -4) from packet marked 'A' and 'B' respectively gave negative test for the metallic poison, sthyl methyl, alcohol choloral hydrate cyenides, barbiturates, alklloids and neeeluedes.;