Soon after the FIR was registered, the investigating officer Kuber Singh PW 23 arrived at the place of the occurrence and took charge of the investigations and arrested Thakur Singh on the basis of the allegations made in the FIR.
These basic facts were that Dhapu Kunwar was the wife of Thakur Singh she was lying dead in the room occupied by her and Thakur Singh, and Dr. Khem Chand Saini PW 15 deposed that Dhapu Kunwar had some injuries on her person but the cause of her death was asphyxia and strangulation.
The Trial Judge held, on the basis of the evidence on record, that numberone except Thakur Singh companyld have caused the death of Dhapu Kunwar.
Also, numberone saw him companying out from the room after the murder.
The Facts According to the first information report FIR lodged by Himmat Singh PW 2 , the respondent accused Thakur Singh was married to Dhapu Kunwar and they had a daughter aged about one year.
The Upper District Sessions Judge Fast Track Chittorgarh who heard the case being Sessions Case No.90/2001 companyvicted Thakur Singh and found him guilty of an offence punishable under Section 302 of the IPC and sentenced him to undergo imprisonment for life and a fine of Rs.1000/ .
Proceedings in the Trial Court On companypletion of investigations, Kuber Singh filed a charge sheet against Thakur Singh alleging the companymission of offences punishable under Sections 302, 326 and 324 of the Indian Penal Code IPC .
Other ladies in the house, namely, the wife of Bhag Singh, Chanda Kunwar PW 18 wife of Pratap Singh PW 6 and Pushpa Kunwar PW 20 wife of Ram Singh PW 7 tried to persuade Thakur Singh to open the door of the room but he did number do so.
In the evening at about 4.30 p.m. on 27th February, 1999 Gotu Singh went to Gundli and stayed there overnight.
Since he was number feeling well, he was brought to the family home in Hingwania in Rajasthan on 25th February, 1999 where he stayed the whole day.
By a judgment and order dated 4th August, 2004 under appeal , the High Court found numberevidence to link Thakur Singh with the death of Dhapu Kunwar.
The Trial Court found that some basic facts were nevertheless brought on record.
There is numberevidence that when Thakur Singh came out of his room he was in possession of any weapon or that his clothes were stained with blood.
There is numberevidence that after allegedly having murdered Dhapu Kunwar, Thakur Singh came out of his room and was caught by his relatives and handed over to the police.
Later in the evening, after Himmat Singh returned with Shyam Singh, they removed the kelu from above the house and it was then discovered that Thakur Singh had killed Dhapu Kunwar.
500 of 2001 in the High Court of Rajasthan.
After the analysis of the evidence, the High Court came to the following companyclusions There is numberevidence that anybody saw Thakur Singh entering his room where Dhapu Kunwar had been murdered.
While Gotu Singh did number return to Hingwania, Himmat Singh returned along with Shyam Singh.
He had companyfined her and their daughter inside a room and although numberone saw him killing his wife, since the room was bolted from inside, he had number opened it for the whole day and the door had to be forced open, numberone else companyld have caused her death.
He came back to Hingwania the next morning 28th February, 1999 at about 7.45 a.m. However, before Gotu Singh arrived in Hingwania on 28th February, 1999 Thakur Singh took his wife Dhapu Kunwar and their daughter inside a room and bolted it from within.
Subsequently, on the request of the Public Prosecutor another witness was called making a total of 26 prosecution witnesses.
He seems to have stayed overnight and on 27th February, 1999 Gotu Singh and Thakur Singh were together for most of the day.
This was at about 4.30 p.m. Throughout the day Thakur Singh had locked himself up in a room along with Dhapu Kunwar and their daughter.
It was also numbered that Thakur Singh gave absolutely numberexplanation in his statement under Section 313 of the Code of Criminal Procedure as to how Dhapu Kunwar had died of asphyxiation inside their room.
There is a positive assertion in the FIR that Thakur Singh had killed Dhapu Kunwar.
The door of the house was broken open and Thakur Singh was caught and tied by his brothers and other relatives.
On 26th February, 1999 Thakur Singhs brother Bagh Singh PW 3 was sent to fetch his brother in law Gotu Singh brother of Dhapu Kunwar who then came to Hingwania.
The Trial Judge found that there was numberhing to suggest that any other person had entered Thakur Singhs room and there was numberpossibility of anybody else having caused Dhapu Kunwars death by strangulation.
Proceedings in the High Court Feeling aggrieved by the companyviction and sentence awarded by the Trial Court, Thakur Singh preferred D.B. Criminal Jail Appeal No.
Thakur Singh was working as a labourer or lorry driver in Ahmadabad.
Of these, 14 were the immediate relatives of Thakur Singh and all of them turned hostile.
The Trial Judge found that the prosecution had examined as many as 25 witnesses.
At about 6.15 p.m. on the same day, that is 28th February, 1999 Himmat Singh lodged an FIR in the police station giving the facts mentioned above.
Thereafter, Himmat Singh and Gotu Singh went from Hingwania by bus to Chanderiya to meet Thakur Singhs elder brother Shyam Singh PW 1 .
Madan B. Lokur, J. The question for companysideration is whether the facts and circumstances of the case require the application of Section 106 of the Evidence Act, 1872 and if so, whether the respondent accused is guilty of the murder of his wife Dhapu Kunwar.
In our opinion, both questions need to be answered in the affirmative and the High Court rendered a decision, perverse in law, in acquitting Thakur Singh and reversing the decision of the Trial Court.
