1.

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

JUDGMENT

1. Vishnu Soni v. State of Rajasthan

[D.B. Criminal (Jail) Appeal No.562/2009]

2. Rani v. State of Rajasthan

[D.B. Criminal (Jail) Appeal No.1210/2009]

D.B. Criminal Appeals against the

Judgment dated 19.3.2009 passed by

the Court of Additional Sessions

Judge (Fast Track), Hindaun City

(Karauli) in Sessions Case No.20/08

(3/08).

Date of Judgment: 07/08/2015

PRESENT

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Mr. Rajesh Choudhary, Amicus Curiae, for accused-

appellants.

Mrs. Sonia Shandilya, Public Prosecutor for State.

(Per Ahluwalia, J.) (Oral)

Vishnu Soni and Rani both have preferred appeals

through Jail to assail the impugned judgment dated

19.3.2009 rendered by the Additional Sessions Judge

(Fast Track), Hindaun City (Karauli). Both the

appellants Vishnu Soni and Rani are husband and

wife. Vishnu Kumar has instituted D.B. Criminal

(Jail) Appeal No.562/2009 and Rani has preferred

D.B. Criminal (Jail) Appeal No.1210/2009. Since in

both the appeals common impugned judgment has been

assailed, we shall decide both the appeals together.

Case of the prosecution is that both the

appellants alongwith the deceased Kistoori Devi wife

of Mulya Jogi, aged 60 years on 1.11.2007 had taken

a room in a Dharamshala called Patthar Walo Ki

Dharamshala, Nai Mandi, Hindaun City. On 3.11.2007

Ramdas (P.W.1), Manager of Dharamshala found Room

No.2 taken by both the appellants and the deceased

2.

Kistoori Devi bolted from outside. When nobody

returned in the evening at about 6.30 P.M., police

was called and room was opened. Inside the room,

dead body of Kistoori Devi was found and silver

anklets worn by her were found missing. Thus, the

prosecution to secure conviction of the appellants

relied upon evidence of, (i) last seen which has

surfaced in the testimony of Ramdas (P.W.1); and

(ii) recovery of anklets of the deceased from

accused to complete chain of circumstances to arrive

at the conclusion that the appellants alone had

committed the offence.

Taking

above

two

circumstances

into

consideration, the Court of Additional Sessions

Judge (Fast Track), Hindaun City vide impugned

judgment dated 19.3.2009 held the appellants guilty

of offences under Sections 302/34, 397/34, 364/34

IPC. Having convicted the appellants for above said

offences, the trial Judge vide a separate order of

even date, sentenced them as under:-

“U/s. 302/34 IPC: Life imprisonment, to

pay a fine of Rs.1000/- and in default

thereof to undergo three months simple

imprisonment.

U/s. 397/34 IPC: Seven years rigorous

imprisonment, to pay a fine of Rs.1000/-

and in default thereof to undergo three

months simple imprisonment.

U/s. 364/34 IPC: Seven years rigorous

imprisonment, to pay a fine of Rs.1000/-

and in default thereof to undergo three

months simple imprisonment.”

Dr. Rajendra Kumar Sharma (P.W.9) on 5.11.2007

at 3.50 P.M. conducted autopsy on the dead body of

Kistoori deceased. Dr. Rajendra Kumar Sharma (P.W.9)

was a member of the Medical Board alongwith Dr. B.K.

3.

Sharma and Dr. T.R. Gupta. According to the opinion

of the Medical Board, cause of death was asphyxia

due to throttling.

Prosecution in all examined eleven witnesses and

proved on record documents Exhibit P.1 to P.32.

Thereafter statement of accused was recorded under

Section 313 Cr.P.C. Accused in defence only relied

upon Photograph (Ex.D.1).

Ramdas (P.W.1) is a star witness of the

prosecution. He has witnessed the evidence of last

seen and identification of the accused-appellants in

the court for the first time. Ramdas (P.W.1) deposed

that for last five years he was Manager of Patthar

Walo Ki Dharamshala. On 1.11.2007 at about 1.30 P.M.

Vishu Chand Soni alongwith his wife and an old la