Kanwaljit Singh Ahluwalia, J. - (1.) Keshav son of Shyam Lal, Matadeen son of Babulal alongwith Sangeeta wife of deceased Chandrabhan were sent for trial for having caused murder of Chandrabhan. Case of the prosecution is that Chandrabhan was murdered between 2.2.2007 to 21.2.2007. Court of Additional Sessions Judge, Fast Track No. 2, Dholpur vide impugned judgment dated 27.4.2009 recorded acquittal of Keshav and Matadeen. However, the trial court convicted Sangeeta wife of the deceased Chandrabhan for offence under Ss. 302 and 201 IPC. It will be pertinent to mention that Matadeen and Sangeeta were charged for offence under Ss. 364 -364/34, 302 -302/34, 201 -201/34 IPC, whereas Keshav was charged only for offence under Sec. 364/120B IPC. Having convicted Sangeeta alone for offence under Sec. 302 and 201 IPC, vide a separate order of even date, the trial Judge had convicted Sangeeta as under: - "U/s. 302 IPC: Life imprisonment, to pay a fine of Rs. 1000/ - and in default thereof to undergo three months additional imprisonment. U/s. 201 IPC: Three years rigorous imprisonment, to pay a fine of Rs. 500/ - and in default thereof to undergo one month additional imprisonment."
(2.) Aggrieved against her conviction and sentence, Sangeeta has filed D.B. Criminal Appeal No. 703/2009. State of Rajasthan being dissatisfied with the acquittal of Keshav and Matadeen preferred D.B. Criminal Appeal No. 506/2010. The said appeal was entertained after leave to appeal was granted. It is a case of circumstantial evidence. The trial Judge in the impugned judgment had noted the following circumstances to record conviction of Sangeeta: - "(i). Disclosure made by Sangeeta under Sec. 27 of the Evidence Act leading to recovery of dead body of deceased Chandrabhan. (ii). Recovery of clothes of deceased, i.e. pant, shirt at the instance of Sangeeta. (iii). Evidence of last seen of Sangeeta with her husband Chandrabhan."
(3.) It will be apposite here to reproduce Para -31 of the judgment wherein incriminating circumstances relied by the prosecution have been noticed as under: - ;