M.C.JAIN,J. - (1.) THIS appeal by the accused is directed against the judgment dated December 2, 1982 of the District and Sessions Judge, Bikaner, convicting and sentencing the accused appellants for the offence under Section 302 read with Section 34, IPC to imprisonment for life.
(2.) THE appellants were tried for causing the death of Mst. Champa wife of Fakir Chand by drowning her into the water reservoir (known as KUNDI) on September 5, 1980, in the morning at about 8.00 a.m. in the house of accused Mangi Lal situate in Mohallah Satyanarainji -ka Chowk, Bikaner. Appellant Fakir Chand is the husband of the deceased while appellant Mangi Lal is her father in -law. Mst. Champa was living with her husband. They were married about 15 years back and had two sons. Raju, the elder son, was living at the maternal grand -father's house, while the younger Rakesh, aged eight years, was living with the parents. The maternal grand father's house is hardly at a distance of two furlongs. The prosecution case was that the accused were harassing Mst. Champa and wanted her to bring ornaments from her father. Only 10 -15 days prior to the occurrence, Champa had complained to her father that her Borla and Necklace had been removed by her father in -law, but she being asked to bring the same or cash in its place from her father. Construction work was going on at the house of Mangi Lal. They wanted money for that purpose. The prosecution case was that the accused had told Mst. Champa that they would kill her if she did not being money from her father. As she was unable to do this, both the accused appellants, in the morning on the date of the occurrence, i.e. September 5, 1980, drowned her into the water reservoir (KUND1) of the house and killed her. Appellant Mangi Lal himself made report at the Police Station, Naya Sahar, district Bikaner the same day at about 10.15 a m. stating therein that he had gone to the Railway Workshop, where he was employed, in the morning at about 8.20 a.m. At about 9.00 a.m Fakir Chand came to him and told him that Mst. Champa had died by falling into the KUNDI and that he had now laid her in the room after having taken her out of the KUNDI. On this report, the Police commenced proceedings under Section 174, Cr.PC. On September 5, 1980, Shri Tribhuwan Singh, Station House Officer was not at the Police Station B kaner, as be bad gone to Hanumangarb. The initial investigation was, therefore, done by Lal Mohammed, Assistant Sub Inspector of Police. Lal Mohammed proceeded to the house of the accused. There he found the dead body of Mst. Champa in the Chowk. He inspected the dead body and prepared the memo thereof. He took in possession the wet clothes, i.e Petikot, Blouse and Sari, which had already been replaced by dry clothes on the body of the deceased by the accused. A Panchnama was drawn. Thereafter the Investigating Officer prepared the site plan. The depth of the KUNDI (water reservoir) was measured. It was 6' 11' deep. Its opening was 18' x 14'. The water level was at 6' 1 -1/2'. He also measured the height of the deceased. She was 5' 7'. The width at the point of shoulders of the dead body was 13'. No other marks of significance were observed at the spot by the Investigating Officer, except that facial matter was found floating in the KUNDI, which is essential meant to store and preserve water for drinking purposes. The dead body was sent to the Prince Vijaysingh Memorial Hospital, Bikaner, for post -mortem examination. The post -mortem examination was conducted by Dr. R K. Gehlot on the same day at about 3.25 p.m. The body was well built and well nourished. Rigor -mortis had developed all over the body. The post -mortem staining present over face, neck, back and posterior aspect of back and back of chest. On compression of chest, white fine tenacious lathery froth appeared from the right nostril. Ant -bite post -mortem abrasions were noticed on both the mouth and right side chin, and on the angle regions of both eyes. Facial matter was present in the anus region. The doctor found two abrasions 1' x 0 4 c.m. x linear and 0.2 c.m. x linear with space of 0 2 cm. in between the two vertically placed just above the lateral malleolus on outer aspect of left ankle joint. The corner was hazy, pupils dilated and eyes partially open. White fine tenacious froth was present on the larynx and traches Both the lungs were enlarged whimnous covering the heart and filling the thoracic cavity. Identification marks of the ribs were present. Both lungs were found oedomutous, pits on pressure, spongy, doughy fell and on out section exude profuse blood stained frothy fluid. The stomach contained about 3 -4 ounces of whitish semi -digested food The mucus membrance kidneys and liver were congested. The spleen was congested but slightly enlarged. The bladder was found empty According to the doctor, the cause of death was drowning. The visras were preserved for chemical analysis for detection of poison etc. On examination, however, it revealed nothing. The prosecution case, further, was that both the accused confessed their guilt before Dhooraram father of the victim in the presence of two others, namely, Ashok Kumar and Megh Raj. On September 8, 1980. the investigation was taken over by Shri Tribhuwan Singh, Station House Officer. Initially, the proceedings had commenced under Section 174, Cr PC as the report lodged by Mangi Lal disclosed the case to be a case of suicide. Later, during the course of investigation, the case was registered under Section 302 read with Section 34, IPC on September 9, 1980 On September 11, 1980, both the accused were arrested. Upon completion of investigation, the Police submitted a charge -sheet against both the accused in the Court of the Judicial Magistrate No. 2 Bikaner, who committed them to the Court of Sessions for trial. They were charged for the offence under Section 302 and read with Section 34, IPC. They pleaded not guilty and claimed to be tried.
(3.) IN support of its case, the prosecution examined as many as fifteen witnesses. Mainly, the prosecution case is based on the evidence of Rakesh a minor son of the deceased, the extra -judicial confessions said to have been made by the accused before Dhoora Ram in the presence of Ashok Kumar and Megh Raj and the circumstantial evidence that the deceased died in the house of the accused, where the accused alone had the opportunity to kill her.;