SHYAM SUNDER BYAS, J. - (1.) SINCE three appeals -one represented and second through jail are directed against one and the same judgment of the learned Additional Sessions Judge Udaipur dated July 15, 1976, they were heard together and are disposed of by a single judgment. By the judgment aforesaid, the three appellants Nandram, Smt. Hoori and Smt. Aiji were convicted under Sections 120B and 302/34, I.P.C. and each was sentenced to imprisonment for life with a fine of Rs. 100/ - in default of the payment of fine to further undergo three months, rigorous imprisonment.
(2.) BRIEFLY recalled, the facts and circumstances leading to the prosecution and conviction of the appellants are that the appellants Nandram and Smt. Hoori are husband and wife and the appellant Smt. Aiji is their daughter. They all resided in village Madri P.S. Sayra district Udaipur. Smt. Aiji was married to Heeralal a few years before August, 1974. As Smt. Aiji is the only issue of her parents, the parents invited Heeralal to live permanently with them in their village. Heeralal was a resident of village Bater, which is at a distance of 4/5 kilometers from Madri. Heeralal was, thus, living with the appellants us 'Ghar Jawain' (Stationary son -in -law). The relations between him and the appellants, however, did not remain happy and cordial. It is alleged that Heeralal set fire to the house of the appellants, for which he was prosecuted, convicted and sentenced to three years imprisonment for an offence under Section 436 I.P.C. While he was serving the sentence in jail Smt. Aiji submitted an application in the Court of the District Judge, Udaipur under Section 10 of the Hindu Marriage Act, 1955 to seek judicial separation from her husband Heeralal. This application was allowed by the District Judge on August 5, 1972, by his judgment Ex.P 5. This further embittered the relations between Heeralal and the appellants. When Heera Lal was released after serving the sentence of imprisonment, he went to his village Bater and started living with his parents and brothers. Some persons intervened and the appellants approached Heeralal with a request to live with them in village Madri. They assured him that he would get all the assets and properties of the appellants. Smt. Aiji executed document Ex.P 4 on June 23, 1974 in favour of her husband Heeralal on a stamp paper. Heeralal yielded and came to live again with the parents of his wife in their village Madri. In the morning of August 9, 1974, there was weeping and wailing at the house of the appellants. The inhabitants of the village assembled at their house and they were told by the appellant Nandram that his son -in -law Heeralal had suddenly passed away. The villagers advised him to inform Heeralal's parents and other relatives Accordingly, some persons were, sent to Bater and other villages to inform the relatives of Heeralal about his death. PW 1 Hukmichand, who is the real brother of Heeralal, PW 4 Tegchand and PW 5 Bhanwarlal, who are the cousins of Heeralal, on being informed, came to village Madri. When they reached village Madri, the dead body of Heeralal was being taken to the cremation ground. When the dead body was to be placed on the pyre, the cloth with which the dead body was covered, was taken off to find out if there were any valuables with the dead body. When the cloth was taken off, Hukmichand, Tegchand, Bhanwar Lal and other persons noticed injuries on the victim's dead body, Hukmichand (PW 1) became suspicious and asked the appellant Nandram not to cremate the body and to wait the arrival of police. Saying so, Hukmichand went to Police Station, Sayra and verbally lodged report Ex.P 1 at about 10.30 a.m. PW 10 H.C. Chandra Shekhar, who was also Station House Officer, decided to proceed under Section 174, Cr. P.C. and immediately reached the cremation ground in village Madri. The Station House Officer Chandra Prakash (PW 12), who was busy some where else on official duty, was informed and he also reached the place of cremation. He prepared the Panchnama and inquest report Ex.P 2 of the dead body. Since the death of Heeralal appeared be unnatural, a case under Section 302, I.P.C. was registered. The postmortem examination of the dead body was conducted at about 5 00 p.m on the same day by PW 7 Dr. Mustaq All the then Medical Officer Incharge, Primary Health Centre, Sayra The doctor noticed 14 injuries on the dead body, which included some bruises on the neck, fracture of right mandible was detected etc. Four injuries were caused by sharp weapon while the rest by some blunt object. The doctor was of the opinion that Heeralal died on account of asphyxia as a result of strangulation.The post -mortem examination report prepared by him is Ex P 9 The appellants were arrested an August 10, 1974. Hamer Lal, who is the cousin of the appellant Nandram, was also arrested on the same day. In consequence of the informations furnished by Hamerlal, Smt. Aiji and Nandram, many articles stained with blood were recovered from their possession. Reference in particular may be made to Dhoti (Article I) and shirt (Article 2) recovered at the instance of accused Nandram. The appellants and Hamerlal, when arrested, were found to have injuries on their person. Their injuries were examined on August 11,1974 by PW 16 Dr. S.S. Buxi the then Medical Jurist, General Hospital, Udaipur. The duration of their injuries was stated to be between 4/5 days prior to August 11, 1974. Their injury -reports are Ex P 31, Ex P 32 Ex. P 33 and Ex.P 34. The recovered articles were sent for chemical examination. Human blood was found on all of them The blood found on Dhoti (Article 1) and shirt (Article 2) was of 'O' group. On the completion of investigation the police presented a challan against the appellants and Hamerlal in the Court of the Additional Munsif cum Judicial Magistrate (2), Udaipur, who, in his turn, committed the case for trial to the Court of Sessions. The learned Additional Sessions Judge framed charges under Sections 302/34 and 302/120B, I.P.C. against all of them, to which they pleaded not guilty and faced the trial. They claimed absolute innocence and stated that none of them was present in the house of the appellants in the night between August 8/9, 1974. Nandram was in the field where as his daughter and wife were in village Tarpal where they had taken the minor son of Smt. Aiji for medical treatment., In support of its case, the prosecution examined 18 witnesses and filed some documents. In defence, the Accused examined eight witnesses. On the conclusion of the trial, the learned Additional Sessions Judge found no incriminating material for convicting the accused Hamerlal. He was consequently acquitted. The charges against the appellants were held duly proved. They were, there fore, convicted and sentenced as mentioned at the very out -set. Aggrieved against their conviction, the three appellants have come up in appeals. During the pendency of appeals, the accused Smt. Aiji passed away. As such, the appeals filed by her stand abated.
(3.) WE have heard the learned Counsel for the appellants and the learned Public Prosecutor. We have also gone through the case file carefully.;