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
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,
(1) Sundarlal vs. The State of Madhya Pradesh (AIR 1954 SC 28)
(2) Bhagwan Das vs. State of Rajasthan (AIR 1957 SC 589)
(3) Ramratan vs. State of Rajasthan (AIR 1962 SC 424)
(6) Wasimkhan vs. State of U.P. (AIR 1956 SC 400)
(8) K. Chinna Swamy Reddi vs. State of Andhra Pradesh (AIR 1962 SC 1788)
(11) Tulsiram vs. State (AIR 1954 SC 1)
(14) Sanwat Khan vs. State of Rajasthan (AIR 1956 SC 54)
(15) Sheonath vs. State of U.P. (AIR 1970 SC 483)
(16) Mohd. Inayatullah vs. State of Maharashtra (AIR 1976 SC 483)
(4) Shankar Bhika vs. The State of Maharashtra (AIR. 1972 SC 1171)
(5) Bam Prakash vs. State of Punjab (AIR 959 SC 1)
(7) Kottaya vs. Emperor (AIR 1947 PC. 67)
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