RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 1236 of 2006 filed by Ramesh @ Gaguda (original accused No. 3), Criminal Appeal No. 1235 of 2006 filed by Bharat Kumar @ Bhatia (original accused No. 2) and Criminal Appeal No. 1237 of 2006 filed by Gordhan Lal (original accused No. 1). We shall refer to the Appellants as per their position before the Trial Court. While Ramesh @ Guguda (A-3) is sentenced to death by Trial and appellate Courts, the other two accused being Bharat Kumar @ Bhatia (A-2) and Gordhan Lal (A-1) are facing the life imprisonment alongwith fines on different counts. That is how the matters have come up before us.

(2.) Human avarice has no limits nor does it know of any emotions. The present case is the sordid saga of the crime which emanated purely from human avarice.

(3.) Phalodi is a quiet Taluk place in the State of Rajasthan. Ramlal Lunawat alongwith his wife Shanti Devi was doing business of money lending by pledging gold and silver ornaments and was selling steel utensils. On 5.2.2003, Anil (PW-1) telephoned to Police Station Phalodi that the door of the house-cum-shop of Ramlal was lying suspiciously open and nobody from the house was responding to the calls. Kishan Singh (PW-35) who was the Station House Officer of the Police Station Phalodi, reached the house alongwith some other police personnel. They found that Ramlal and his wife Shanti Devi were lying dead in the pool of blood. The FIR by Anil (PW-1) was recorded and the investigation was commenced for offences under Sections 302 and 457 of the Indian Penal Code (hereinafter called "the IPC" for short). The necessary spot panchnamas were executed and the Material Objects found on the scene were seized. It was found that both the deceased persons had human hair in their hands. There was a blood-stained needle and syringe found near the dead body of Shanti Devi. Some other materials were collected from the spot to find out the finger prints. The clothes of the deceased persons were also seized. On suspicion, the accused persons were arrested. One other accused Rajesh (original accused No. 4) was also arrested. He stands acquitted by the Courts below. The accused persons gave information under Section 27 of the Indian Evidence Act and the clothes that they were wearing at the time of incident and their shoes were recovered. The ornaments stolen from the house of Ramlal were also recovered. Their hair were also taken for comparing with the sample of hairs founded at the scene of occurrence. The instrument used for melting ornaments was found at the house of Rajesh (A-4), which was allegedly stolen from the house of deceased Ramlal. The materials were sent to the Forensic Science Laboratory (FSL), Jaipur/Jodhpur and the reports were obtained. On the completion of investigation, the chargesheet was filed against four persons.