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3. Shrimati Maina daughter of Gyarsi lodged a written report Ex. P 5 at P.S., Kishangarh on 30-12-1983. In this report it has been alleged that on 29-12-1983 at 5 p.m. when she was at village Diggi she was informed that some body had murdered her mother and after murdering her had taken away the goods. On hearing this she came to Kishangarh and on enquiry from the Mohalla people she was informed that they had cremated her mother. She reached the house and found that after murdering her mother, the ornaments like gold and silver were taken away from the house. She has given a details of the ornaments alleged to have been taken. This report was submitted by Mst. Maina on 30-12-1983 at 4 p.m. On this report a case under Section 302/ 201 IPC and 380 IPC was registered. A regular FIR was prepared and investigation started. The SHO inspected the site and prepared the site-map. He recovered blood stained clothes of deceased. He arrested the accused Kailash on 12-1-1984 vide memo Ex. P 4. Kailash gave information under Section 27, Evidence Act for the recovery of certain articles. On the information and at the instance of accused Kailash, the SHO recovered certain articles. On the information of accused Kailash, the SHO arrested the accused Alladin. Alladin also gave information for the recovery of certain articles and on his information and at his instance certain articles were recovered form the field of Kailash. After completing usual investigation the Police submitted challan in this case.

6. It is pertinent to note that Mst. Maina informant is the daughter of Gyarsi. Accused Kailash is son-in-law of informant Maina. Maina was informed about the death of her mother Gyarsi on 29-12-1983. According to the record of this case Gyarsi Devi died between 24-12-1983 and 27-12-1983. Bansi Lal PW 9 used to reside with Mst. Gyarsi Devi. Gyarsi Devi was the wife of brother of Bansi Lal and both were residing in the same house. There is no eye-witness to this incident. Gyarsi Devi died and the villagers who had seen her dead body did not feel any suspicion in her death. Before cremation the persons of the Mohalla had seen the dead body and no body doubted about the death of Mst. Gyarsi Devi. Had they any doubt or suspicion that she had been murdered, they would have reported the matter immediately to the Police. Bansi Lal who was residing with Mst. Gyarsi Devi too did not report at the Police because he had no suspicion about her death. Bansi Lal was present when the cremation of Gyarsi Devi took place on 27-12-1983. He performed the cremation-ceremony. So it is clear that when Gyarsi Devi was cremated, there was no suspicion about her death No body suspected that she has been murdered In the evidence the prosecution tried to establish that she has been murdered by the appellants with the help of knife or by blade. This theory of prosecution that Gyarsi Devi has been murdered and she had injury on her body at the time of her cremation is a false proposition which has been developed in the evidence. Had it been a fact that Gyarsi Devi had any injury on the neck or on any part of the body, the injury would have been noticed by Bansi Lal PW 9 and other Mohalla people at the time of her cremation. Before taking to the cremation ground, Gyarsi Devi was made to bath by the ladies. They did not notice any injury on the body of Gyarsi Devi, otherwise they would have brought this to the notice of the Mohalla people and Bansi Lal PW 9 So we are convinced that when Gyarsi Devi died and when she was cremated she had no injury either on the neck or on any part of her body. The prosecution has developed in the statement of the witness that she had injury on the body, her clothes were smeared with blood which were later on recovered by the Police. If clothes were smeared with blood at the time of her cremation, we do not think that the Mohalla people would have kept silent.

8. According to the statement of Bansi Lal, Kailash and that man left the house of Gyarsi in the morning. When he got up he did not find Gyarsi and found that her trunk was opened and clothes and papers were lying scattered on the ground. This is a circumstance which must have created doubt in the mind of Bansi Lal. Inspite of this fact he did not lodge any report at the Police Station. Gyarsi was not found on that day and even on the next day but he did not report at the Police Station about missing of Gyarsi. On the third day Gyarsi did not come and he locked the house, gave the key to one Kabra and went with his tonga when he returned he took key from Kabra and on entering into room he found Gyarsi lying dead on the cot. It is very strange how Gyarsi entered into the room when the house was locked and key was with Kabra. This Kabra, i.e., Ganesh Lal PW 3 has been examined in the Court. He has stated that in the neighbour of his shop Gyarsi used to live. Her "Dever" Bansi on 27-12.1983 informed him that Gyarsi had died. He did not go to the house of Gyarsi but a lady residing near his shop went to the house and she informed that Gyarsi had died. This is the incident of about 2.30 p.m. and in the evening at 5 p.m. she was cremated. He attended the cremation ceremony. This Ganesh Lal has not corroborated the statement of Bansi Lal PW 9. He has not stated that fact which has been narrated by Bansi Lal PW 9 about giving key of the house So it seems that Bansi Lal is a liar. He was residing with deceased Gyarsi and for three days he was silent about the fact of missing of Gyarsi. The statement given by Bansi Lal indicates that he has not come with clean hands before the Court and had tried to hide something. He did not narrate the correct story and actually he tried to implicate Kailash. Thus the statement of Bansi Lal PW 9 is most unreliable statement and we have no hesitation to say that it is a false statement given in intentionally to implicate Kailash.