P/5, was prepared.
Procedure Code.
At the trial this witness, however did depose to Smt.
The Sub Inspector then proceeded to search the house of Chandmal.
The defence is that these articles belonged to Chandmal and number to Nazar Bai.
30, Kara Ex.
The prosecution witness Ratnabai, the daughter in law of the deceased and some other PWs testified that these ornaments belonged to the deceased.
Certain ornaments and valuables, which belonged to the deceased were recovered either from the possession of Chandmal or at his instance from various persons.
In other words was the death of Smt.
At about 11.30 a. m. when the search was in progress.
Nazar Bai had number been seen alive thereafter.
On October 7, 1966, about two years after the disappearance of the deceased.
Several ornaments and other articles were also recovered at the instance of Chandmal from the possession of others.
Thereupon, Nazar Bai gave some Makhana sweets to the girl.
Shankarlal PW who was with the Police, identified the ornaments, pair of Karas Ex.
The skeleton was later on sent to the Medical Officer, Dr. Ganpat Lal, P.W. 27, for examination.
Nazar bai gave two paisas as a token of affection to the girl saying that she would be pleased to dine at her house.
On the following day, in the Police Station, the ornaments and clothes were removed from the skeleton in the presence of P.W. 22 and others and taken into possession.
P. 30 , led Sub Inspector Mahendra Singh, in the presence of Abdulla Khan PW 16 and Chand PW 18 to the house which originally belonged to Ranglal.
33 and Churi, Ex.
The first charge against him was of companymitting the murder of Smt.
was discovered from a search of the other house, belonging to Ranglal.
41 , which was seized vide Memo Ex.
On October 31, 1964 at 10.30 p.m. Shankarlal lodged a report Ex.
The prosecution case was that from a search of Chandmals house, certain articles and ornaments Ex.
Ranglal appellant was arrested on October 13, 1966.
The appellant led into the numberthern room, the entrance door of which was lying shut and chained from outside.
The Sub Inspector gave a bunch of keys to Chandmal and asked him to unlock central door.
34, and the clothes as belonging to his mother.
On the basis of this report, the Station House Officer on December 2, 1964, registered a case under Section 364, Penal Code, that Nazar Bai was suspected to have been abducted with the intention to cause her death, and to deprive her of ornaments and valuables.
The Doctor was un able to express any opinion as to the cause and time of her death.
Hence this appeal by special leave.
Mahendra Singh P.W. 33 the Permanent Station Officer also arrived there.
in the presence of Kishandas, PW 28, and others On 8 10 1966, the churi, Ex.
The second witness who was examined by the prosecution to substantiate the first circumstance, is Smt.
On the information supplied by Chandmal appellant, it was discovered that some ornaments were sold by him to Bhagchand, PW 19, and some to one Madanlal.
The prosecution case is that these ornaments and other articles recovered either from house search or from third persons at the nstance of the appellant, belonged to Smt.
Naini Bai, P.W. 9, and Smt.
On 8 10 1966, Chandmals house which was originally the property of Ranglal appellant, was searched by the Police.
Before the Magistrate, Shankarlals son Satya Narain PW 10 and Kanta Bai, daughter of Shankarlal, identified most of the items and articles as belonging to the deceased.
These ornaments were, according to the prosecution, the property of Nazar Bai.
This happened in the presence of Smt.
Thereupon some articles including a Chudi, were recovered.
The prosecution examined this Bhagchand to prove the sale of these ornaments to him by the appellant.
Lal Singh, S. H. O. P. W.32 visited the house of the deceased on 3 12 1964, for investigation.
10, 12, 13, 14, 15, 17, 26 and 27 were recovered by S. I. Mahendra Singh PW 33 on 7 10 1966.
The seizure memo, Ex.
A human skeleton of an elderly female, which had on it some ornaments and torn clothes belonging to Mst.
P 18, was prepared in this companynection.
There, Shankar Lal produced before him the lock Ex.
At his instance, 29 articles were recovered.
On October 11, 1966 Chandmal appellant, whilst in Police custody, after making the disclosure statement Ex.
The Investigating Officer checked the valuables in the house.
PW 34 seized the same vide Memo Ex.
The recovered articles and ornaments were sent to Mr. Dwivedi PW 25 Additional District Magistrate for holding a test identification.
In the opinion of the Doctor, the skeleton was of an elderly female of about 46 in height.
Nainibai PW 9 , She was also a tenant of Nazar Bai.
Sakina identified the silver Bangari which she had pledged with Smt Nazar Bai, After companypleting the investigation, the appellants were sent up for trial with the aforesaid Court.
The entire party entered the house.
Sometime thereafter, at 5 or 6 P.M. Mst.
Nazar Bai locked her house and went away.
Madan Bai, P.W. 2, who often used to do knitting and embroidery work at the house of Nazar Bai.
Chandmal unlocked the door.
Nazar Bais departure from her house and to the fact that Chandmal was following her.
Regarding this charge, the prosecution relied wholly on circumstantial evidence which may be listed as below Ramchandras daughter had extended the invitation to Smt.
Chandmal appellant who was present there, as usual, to do knitting work, remarked that 2 paisas were valueless.
Ring Ex.
He was Chandmal appellant.
A skeleton which had on its torn pieces of Chagra, Kanchi and Odhni and some silver ornaments, was found in that pit.
F.I.R. Ex.
At the instance of Chandmal the cases lying there were got removed.
S. Sarkaria, J. This appeal is directed against a judgment of the High Court of Rajasthan.
The appellants Chandmal and Ranglal were tried by the Sessions Judge, Pratapgarh in respect of offences under Sections 302, 201 and 411, Penal Code.
P 1 at Police Station, Chittor that his mother was last seen on Karwa Chauth proceeding from her house for the house of her maternal companysin, Ramchandra, and had number been seen thereafter.
Appellant Chandmal followed her.
The skeleton was taken out.
From a search of Chandmals person, the Sub Inspector seized a bunch of keys Ex.
From the ground thus cleared, Chandmal lifted a patti slab underneath which was a pit.
42 and prepared the seizure memo Ex.
P. 26.
The skeleton was carried in a stretcher to the Police Station, where in respect of this, discovery memo, Ex.
