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1977 Supreme(Raj) 28

Rajasthan High Court
Sen (actg.), C.J & Shrimal, J.
The State of Rajasthan - Appellant
Versus
Nana Ram - Respondents
D.B. Criminal Murder Reference No. 2 of 1976
Decided On : March 18, 1977

Advocates Appeared:
S.R. Bajwa, for Accused-Appellant; A.K. Mathur, Government Advocate, for State

Headnote:(a) Medical Jurisprudence — No hard and fast rule can be laid down as to appearance of rigor mortis and putrefaction of dead body.(b) Evidence Act—Sec. 3— Appreciation of medical evidence—Evidence of medical expert and other witnesses cannot be discredited only on the basis of various passes of books on medical jurisprudence.(c) Evidence Act - Sec. 3 Appreciation of evidence - Witnesses neither having any against accused nor relations with deceased. Their testimony cannot be rejected on the basis of trifling contradiction.(d) Criminal Trial- Circumstantial Evidence—A blood stained weapon recovered at the instance of accused could cause the injuries found on the person of deceased. Held, it is a Strang circumstance against the accused.(e) — Evidence Act—Sec. 3 Appreciation of evidence— Testimony of witnesses has an impress of truth and conformity to probabilities of case. Held, slight variations and discrepancies about details cannot militate the veracity of it.(f) Evidence Act —Sec. 27 — The 3 days delay in giving information by accused which resulted in recovery of ornaments of deceased and other articles, is no ground to reject it.(g) Evidence Act Sec. 114-Robbery and murder found integral part of same tran saction. Held, recent and unexplained possess on of stolen properly is presumptm evidence on a charge of robbery with murder.(h) Evidence Act Circumstantial evidence—If total cumulative effect of all proved facts lead to the only conclusion of guilt of accused, the conviction is justified even though any one or more of those facts is not decisive.(i) Criminal Procedure Code, 1973 — Sec. 354—Murder not preplanned or premedi tated.—No aggravating circumstances found in the case. Death sentence altered to life imprisonment.

       

SHARMA, J. — This appeal by Nanuram is directed against the judgment dated October 14, 1976 of the learned Additional Sessions Judge, Sri Ganga-nagar whereby he convicted the accused-appellant Nanuram under sec. 302, IPC, and sentenced him to death.

2. Tersely speaking, shorn of unnecessary details, the prosecution case, as disclosed at the trial is that PW. 4 Shri Chothu Ram, his wife Mst. Lichhma (since deceased) and the accused Nanuram with his family used to reside in the same compound. P.W. 4 Chothuram and accused-appellant Nanuram used to work as "Series" of P.W.1 Sultan Singh. Nearly 40 days prior to the date of the occurrence Mst. Lichhma (decessed) had given birth to a child. On the fateful day the accused-appellant Nanuram was working on the filed in which tube-well is situated and PW. 4 Chothuram was working at a little distance from those fields. Mst. Lichhma (deceased) used to habitually wear silver Hansali Art. 2, and a pair of silver Kadi Art. 3, and a gold fascimile of Pubuji in a locket form tied with a black thread. On the date of incident Mst. Lichhma (deceased) in the company of PW. 5 Mst. Pipli and Mst. Charanki went to fetch grass. Nearly at 12 in the noon after cutting grass and tying it in bundles all the three started back for their home. When they reached near (he well of PW 1 Sultansingh, Mst. Lichhma went to drink water for quenching her thirst and the remaining two girls proceeded towards their home. After that PW 3 Chetanram saw Mst. Lichhma (deceased) drinking water and then going towards her field. Thereafter Mst. Lichhma was not seen alive. As Mst. Lichhma did not reach her house on the expected time and her newly born baby was weeping so PW 5 Mst. Pepli came back to the well of P. W. 1 Sultan Singh. She could not find her mother there. Accused-appellant Nanuram met her in the way, who took her to her father in the field where he was working. She informed her father that her mother had not reached home and thereafter all the three started to search Mst. Lichhma. Accused-appellant Nanuram remained in the field known as tube-well-wala field. PW. 5 Mst. Pepli and her father PW 4 Chothuram came to their home. Inspite of a hectic search the whereabouts of Mst. Lichhma could not be traced out. In the morning of September 18, 1975 the dead body of Mst. Lichhma was found in the cotton field of Dularam Sultan Singh. A first information report of this occurrence was lodged at the Police Station, Hindumal Kot on September 18, 1975 at 12.30 p.m. by P.W. 1 Sultan Singh. The distance between the Police Station and the place of occurrence is 10 miles. PW 15 Ramswarup, Station House Officer, Hindumal Kot after recording the first information report Ex. P. 1 registered the case under sec. 302, I.P.C., and went on the scene of occurrence. He prepared a site-inspection memo Ex. P 10, inquest report Ex. P. 3, and description memo of the deed body Ex. P. 2. A small string lying near the dead body was also seized by him vide Ex. P. 4. Pieces of bloods stained black thread and the clothes of Mst. Lichhma were seized vide Ex. P. 9 and Ex P. 8 respectively. The autopsy on the dead body of Mst. Lichhma (deceased) was performed by P.W. 16 Dr. Ramlal Goyal, who noticed 9 external incised wounds on her dead body. The post-mortem report is Ex. P. 33. On September 20, 1975 the accused-appellant Nanuram was arrested. The appellant expressed his desire to get the ornaments Ex 1 to Ex. 3 recovered from the place where he tad concealed them. The information was reduced into writing, and has been marked as Ex. P. 21. In pursuance of this information the accused took the Sub Inspector of the Police and the attesting witnesses to the field of Dularam Sultan Singh known as tube-well and took out the silver and gold ornaments from stack of chaff. The seizure memo is Ex. P. 11. The articles recovered were seized and sealed in presence of the Motbirs on the spot. The Panchnama Ex. P. 11 bears the signatures of the Investigating Officer,















































































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