- (1.) These two appeals are directed against judgment dated 31.10.03 passed by the Sessions Judge, Nathdwara in Sessions Case No. 11/03, whereby the appellant Bhanwar Singh (Appeal No. 6/04) and the appellant-Smt. Nandu Bai (Appeal No. 326/10) have been convicted and sentenced as under: 302/34 I.P.C. Both to suffer imprisonment for life and fine of Rs. 5.000, in default to further suffer imprisonment for six months. 201 IPC. Both to suffer imprisonment for 5 years with fine of Rs. 2,000. In default to further suffer imprisonment for two months. Precisely the prosecution case is that on 1.1.03 at 11.45 a.m. the informant Lehar Nath (PW9) submitted a written report (Ex. P25) at Police Station. Khamnor with the averments that his younger brother Bhanwar Nath, engaged as driver on the truck owned by Bhanwar Singh Rajput (appellant herein), was residing at Charano Ki Madar for the last 3 years. About 10-11 months back, Bhanwar Nath came to village Kamol and apprised informant Lehar Nath that his wife Nandu Bai (appellant herein) has developed illicit relations with his 'seth' (the employer) Bhanwar Singh. Bhanwar Nath advised his wife Nandu Bai not to continue with the relationship and asked Bhanwar Singh not to come to their house in his absence, upon which Bhanwar Singh threatened to kill him. On the informant Lehar Nath advising his brother Bhanwar Nath to leave the village Charano Ki Madar and return to his native village, he replied that he intends to come but his wife is not willing. Bhanwar Nath told that he has no other source of livelihood and therefore, as and when he will be able to search on other job, he will bring his wife to stay at the village (Kamol). After a lapse of 5-6 months, when the informant Lehar Nath went to the village-Charano Ki Madar, his brother Bhanwar Nath was not available at home. On being asked. Nandu Bai apprised that he had gone out with the vehicle, 3-4 months thereafter, when Informant-Lehar Nath again went to the village Charano Ki Madar, but Bhanwar Nath was not available, however, his wife (Nandu Bai) informed that he has gone out. Again 1 1/2 months thereafter, the informant Lehar Nath went, to Charano Ki Madar, Bhanwar-Nath was still not available and on being asked, his wife again reiterated that he has gone out. However, on inquiry being made from the villagers, it was revealed that Bhanwar Nath has not been seen for the last 5-6 months. Thereupon, when the complainant-Lehar Nath asked Bhanwar Singh about the whereabouts of Bhanwar Nath, he informed that his truck has already been taken away by the financer and Bhanwar Nath is engaged on some other vehicle, which created suspicion in the mind of the informant-Lehar Nath about some untoward incident having been occurred with his brother-Bhanwar Nath. In the written report (Ex. P25), it was further stated that 3-4 days back when informant's wife, his younger brother Prabhu Nath and brother-in-law Prakash Nath came to Charano Ki Madar, they did not find anybody at Bhanwar Nath's house. On enquiry being made, it was revealed that Bhanwar Nath's wife Nandu Bai (the appellant) is residing in a rented house in the village, When they went to the said house, the same was found bolted from inside and on the door being knocked. Nandu Bai opened the door, Bhanwar Singh was sitting there having liquor. On enquiry being made about Bhanwar Nath, Nandu Bai stated that he has not returned as yet. The report was filed as aforesaid by the informant Lehar Nath suspecting that his brother-Bhanwar Nath has been killed by Bhanwar Singh and Nandu Bai on account of illicit relationship between them.
(2.) On the basis of the written report submitted as aforesaid, the police registered an FIR for offences under sections 302, 201 /34 /120B I.P.C. and the investigation commenced. The accused Bhanwar Singh, Nandu Bai, Pushkar Lal and Bhagwati Lal were arrested. During the investigation, at the instance of the accused Bhanwar Singh, Nandu Bai, Pushkar Lal and Bhagwati Lal, the police recovered the skeleton of the deceased, a ring and the clothes in dilapidated conditions kept in an iron drum, buried under the ground at the boundary between the agriculture fields of deceased Bhanwar Nath and accused Bhanwar Singh, vide recovery memo Ex. P15. A steel bowl alleged to have been used to administer poison to the deceased Bhanwar Nath was recovered at the instance of accused Nandu Bai vide recovery memo Ex. P2. That apart, a 'geti' and two spades used to dig up the pit were recovered at the instance of accused Bhanwar Singh and Pushkar Lal. Necessary memos were drawn and the statement of witnesses were recorded. The skeleton and other remains of the dead body were examined by the medical board. The bones of the deceased were sent for examination to State Forensic Science Laboratory which submitted its report Ex. P72. After conclusion of the investigation, the police filed charge-sheet against the appellants Bhanwar Singh and Smt. Nandu Bai for offence under Sections 302 /34, 120B I.P.C. and as against co-accused Pushkar Lal and Bhagwati Lal for offence under Section 201 I.P.C. The charges were framed by the Trial Court against the appellants-Bhanwar Singh and Nandu Bai for offence under Sections 120B, 302 /34 and 201 I.P.C. and as against co-accused Pushkar Lal and Bhagwati Lal for offence under Section 201 I.P.C. The accused denied the charge and claimed trial.
(3.) During the trial, the prosecution got examined 17 witnesses and the documentary evidence produced was exhibited as Ex. P1 to Ex. P72. The accused were examined for the purpose of enabling them to explain the circumstances appearing against them in terms of provisions of Section 313 Cr. P.C. The accused did not lead any evidence in defence.;