Kalyan Dutta, J. - (1.) This is a jail appeal filed by Mst. Chau against the judgment of the Sessions Judge, Bhilwara, dated 14th March, 1977, by which the appellant was convicted under section 201 I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/ - , in default of payment of fine to further suffer rigorous imprisonment for six months.
(2.) The incident that led to the prosecution of the appellant may be briefly stated as follows:- On 22nd July, 1976, Birdhi Chand Jain, Sarpanch of Gram Panchayat, Sri Nagar, made a report to the police at police-station, Mandalgarh, about dead body of a person lying in the well of village Daulpura. The report was received by Gyan Chand, Head Constable who was incharge of the Police Station, Mandalgarh on that day. On the basis of the report Gyan Chaad incharge of the Police Station, initiated an inquiry into the matter under section 174. Cr.P.C. He proceeded to the well wherein the dead body was lying and in the presence of respectable inhabitants of the village made an investigation after getting the dead body taken out of the well. He drew up a report of the apparent cause of the death describing injuries as were found on the body. The lower parts of the body i.e. lower abdomen with lower limbs were missing as they were slashed out. The report prepared by Gyan Chand in the presence of Motbirs was sent to the Police Station, Mandalgarh, for registering a criminal case. The police registered a case under sections 302 201, I.P.C. on the basis of the said report. On the next day Mathura Das identified the dead body to be that of Siya Rarn Sadku. The dead body was sent to Mandalgarh for post-mortem examination. Mr. D. M. Das conducted an autopsy over the dead-body and found, as many as, following six injuries:- 1. Incised wound (blot out edges) 31/2" x 1/2 x 2⅓ (bone touch) oblique associated with extensive inquiries to deep, underlying structures on the posterior triangle of left side of neck ; 2. Left ear chopped off (no direction is noticeable) with bone slip 2" x 1/4" x ⅓" oblique on the mastoid portion of left temporal bone ; 3. Obliteration of the wound with bone slip 3,1/2" x 1/4" oblique on the squamosal part of left temporal bone slide over 11/4" length squamosal suture ; 4. Incised wound (blot out edges) matted on several unogether 5" x 1" x mouth (mashed bones are outer view) oblique on the left side of face ; 5. Incised wound (blot out edges) 2" x 3/4" x smashed bone, oblique associated with extensive injuries to deep. Underlying structure on the anterior triangle of the right of neck ; 6. Slashed out completely (sharp cutting) irregular horizontally encircling 34" lower abdomen.
(3.) In the opinion of the Doctor, death occurred due to shock, haemorrhage and comma caused by multiple ante-mortem injuries on had and other parts of the body. Gyan Chand then handed over the investigation of this case to Prithvi Singh, Deputy Superintendent of Police. Prithvi Singh arrested Mst. Chau on 23rd July 1976 vide memo of arrest Ex. P. 5. After her arrest Mst. Chau furnished an information to Prithvi Singh, while being under police custody, that she had thrown one leg of the dead body into the waters of Anvali river after tying a stone to the leg. The above information was recorded by Prithvi Singh in a memo Ex. P. 6. Later on, Mst. Chau gave him another information that she had thrown another leg of the dead body into a in well known as 'Mendali'well of village Daulpura after tying a stone to it. This information was also reduced into writing by Prithvi Singh in a memo Ex. P. 7. In pursuance of these information the two legs were recovered. One from the water of Anvali river and another from Mendali well at the instance of the appellant. The two legs were taken into possession by the police in the presence of Motbirs and were sent to Dr. D. M. Das for medical examination. Dr. Das examined the legs and gave the following remarks in respect of each leg:- 1. It was lower limb of right side tightened by a rope in a flexuous condition, then tying a know to a piece of stone, skin of whole length of the limb was sodden appearance and hair existing, riogour mortis passed off soft tissue from the different places of the limb fall off, emiting of foul smell and maggots (small) crawling, lower half cut off, fracture piece of illium of right hip bone was attached with the limbs ; 2. Incised wound 6" x 1/2 x 1" vertical along the lateral side of the middle of right skin bone-no fracture ; 3. Femur with hip bone attached with ligament Femur longest and strongest. Length 42.3 cm - . 4. Patella, fibula and tibia length 30.5 cm. 5. Foot with attached ligamentous tissues length 23.5 cm. Calcaneum bone, talas, navicular, cuneiform, enbored, and all metatarsal bones. All these were of human type and construction. The foot was so obviously human as to be plainly so to a long person middle aged ; 1. It was lower limb of left side tightened by a rope in a flexuous condition, then tying a knot, skin of whole length of the limb was sodden appearance and hair existing. Rigor mortis passed off. Soft tissue from the whole leg and foot. Surface of thigh fall off, emitting of foul smell and many maggots (small) crawling, lllium of left hip bone breaking to two pieces by sharp cutting was attached with the limb. Ischium breaking to multiple pieces by sharp cutting, pubis fracture distorted ; 2. Femur with hip bone attached with ligament, femur longest and strongest; 3. Patella, fibula, and tibia-no fracture, 4. Foot with attached ligamentous tissues. Bones all present. No fracture. All those were of human type and construction. The foot was so obviously human as to be plainly so to a long person middle aged.;