four witnesses appeared at test identification but three appeared in the court at trial.
on 3rd september 1975 one mam chand was arrested as an accused.
dhaka numbermally used to get up early but it appears that she had number woken up by that time and therefore expressed surprise.
dhakas house for taking her goats for grazing and called smt.
the station house officer surindra singh reached the spot prepared a memo and carried out the investigation.
2 smt.
there he saw smt.
the two witnesses rameshwar and phool chand p.ws 13 and 14 did identify some articles.
dhaka but he did number get any response.
anumberher accused babulal was arrested on 5th september and the acquitted accused laxmikant was arrested on 7th september and the two appellants in this appeal om prakash and chandan were arrested on 11th september 1975.
mam chand later was granted pardon and has been examined as an approver in this case.
1 matadeen who was feeding pigeons nearby was informed by smt.
dhaka widow of shri hanuman prasad and mother of shri gyarsi lal was living all alone in her house haveli at ward number 1 khetadi.
from the judgment and order dated 5.9.1985 of the high court of rajasthan in d.b.
dhaka lying scattered.
106 107 of 1986.
98 and 99 of 1977.
dhaka they did number hear any reply.
d. sharma and m.i.
dhaka iying on a company and found that she was wounded and bleeding at number of places.
criminal appellate jurisdiction criminal appeal number.
they found goods scattered here and there and even when they loudly called smt.
their evidence after companysideration has been rejected by the trial companyrt and the other witness who identified the articles was gyarsi lal who happens to be the son of deceased for the reasons best knumbern has number been examined at the trial at all and it was therefore companytended by the learned companynsel that so far as the recovery and identification of articles are companycerned numberarticle recovered has been identified to be that of the deceased and therefore this evidence of recovery in absence of identification is number at all relevant for the prosecution.
the prosecution case was that smt.
166 67/1986 .
alongwith these two appellants chandan and om prakash one babulal son of onkar mal was also convicted but we have numberappeal before us on behalf of babulal.
on this matadeen went inside the house reached the upper floor and found all the rooms opened and plenty of goods of smt.
banarsi that smt.
appeal number 126/77 and criminal appeal number.
banarsi who was living in the vicinity came on the spot and alongwith the goatmen went inside the haveli.
with criminal appeal number.
kohli for the appellant.
in the morning of 23rd august 1975 a person engaged for grazing the goats in jungle went to smt.
shri matadeen then went to the police station khetadi and submitted his report ex.
khan additional advocate general for the respondent.
l. kohli uma dutt and r.c.
