Judgment

07/03/2017

(PER HON’BLE MOHAMMAD RAFIQ,J.)

These appeals seek to challenge the common judgement dated 24.01.2013 passed by Additional District and Sessions Judge No.3, Beawar, District Ajmer, whereby accused-appellant Sita Devi in appeal no.321/2013 has been convicted for offence under Sections 302 IPC and sentenced to life imprisonment with fine of Rs.5,000 and in default whereof, she was to further undergo simple imprisonment of one year. The accused-appellants Kishan and Smt. Bibi in appeal no.79/2013 have been convicted for offence u/s.201 IPC and sentenced to imprisonment of three years and a fine of Rs.5,000 each and in default whereof to further undergo one year additional imprisonment.

Facts of the case are that on 30.08.2008, one Habib son of Shri Karim R/o Kesarpura submitted a written report to SHO Police Station Beawar Sadar at 1.30 pm alleging that when he went to the well of his agriculture field and was about to start the motor pump, he noticed a naked dead body of a woman lying in the well. He immediately rushed to the house of Devaji, the Sarpanch of village and narrated the entire incident to him. The Sarpanch along with several other villagers came to the well of the informant. Sarpanch then informed the Police Station Beawar by his mobile phone. Police reached there and took out the dead body from the well. By appearance, deceased seemed to be aged about 20-21 years. Somebody had murdered her, thereafter removed her clothes and then threw her into the well. On receipt of the report, the police chalked out FIR No.377/2008 for offence u/s.302 and 201 IPC and commenced investigation. The visra, teeth, hair and nails of the deceased were taken and sent to FSL.The police discovered on source information that this dead body was of Geeta wife of Mohammad Ali resident of Guwadiya. Her mother Chhoti Devi identified the deceased to be her daughter. On interrogation, Mohammad Ali informed about the extra judicial confession made by her mother to him that she with the help of Kishan and Bibi murdered Geeta and then threw her into the well. The accused-appellants were thereupon arrested. The weapon of offence i.e. iron rod and stone and also clothes of the deceased were recovered. The charge sheet was filed against the accused- appellants for the aforesaid offences. The prosecution has produced 18 witnesses and exhibited 73 documents. Defence produced only one document. The accused-appellants in their examination under section 313 Cr.P.C. alleged false implication and claimed to be tried. The learned trial court on completion of the trial, convicted and sentenced the accused-appellants in the manner as stated above.

We have heard Shri Biri Singh, learned senior counsel assisted by Shri Rajesh Choudhary for accused-appellant Sita Devi and Shri J.P. Gupta, learned counsel for accused-appellants Kishan and Smt. Bibi as well as Shri R.S. Raghav and Shri Sudesh Saini, learned Public Prosecutors for the State.

Shri Biri Singh, learned senior counsel for the accused- appellant Sita Devi has argued that the prosecution has utterly failed to prove that it was a case of homicidal death. The whole case hinges on circumstantial evidence. Neither the individual circumstances are proved against the appellant, nor when joined together they form a chain of circumstances so complete as to point towards the guilt of the accused-appellant and none else. There was no evidence of last seen of the accused-appellant with the deceased. In fact, the evidence proves that deceased went to her former husband Pappu and at that time, she was residing with Pappu and was lastly seen with him. The alleged recovery of clothes and articles at the instance of accused-appellant had not been put to identification inasmuch as they had not been identified by any witness to assert that they belonged to deceased. In the absence of that, it cannot be conclusively proved that the dead body of which postmortem was conducted was that of deceased Geeta. In absenc