NAND KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On June 4, 1960 eight boys (1) Munna son of Manohar Lal; (2) Ram Prakash son of Ram Baboo; (3) Laxmi son of Vidhya Ram; (4) Pooran son of Gulab Chand; (5) Kedar son of Ram Kumar; (6) Mohan son of Banke Lal; (7) Suresh son of Chandra Shekhar and (8) Jagdish son of Mittha Lal, all of Dholpur City went to the temple of Mangal Bharti for a picnic. None of them returned home. On the morning of June 6, all these boys were found dead near a well in Gundarai forest. Each of the bodies bore numerous injuries, which according to the evidence of doctor, who held the post mortem examination, caused the deaths. Seven of the bodies were found naked; only the dead body of Munna had clothes on. The hands of each were tied from behind with ribbons of their trousers and their mouths were found gagged. Watches and rings, buttons and currency notes, which some of these boys had with them had disappeared.

(2.) The four appellants, viz., Nand Kumar, Brij Kishore, alias Kalua, Lakhan and Murari along with one Jagdish were all convicted for the murder of these eight boys under s. 302 of the Penal Code and were all sentenced to death. All of them were also convicted by the additional Sessions Judge under s. 377 of the Penal Code and s. 395, Penal Code.

(3.) The conviction of these four appellants under s. 302 was confirmed by the High Court of Rajasthan and the sentences of death passed on Nand Kumar, Kalua and Lakhan were also confirmed. The High Court reduced the sentence on Murari to one of imprisonment for life. The conviction of all the appellants under s. 395 of the Penal Code and the sentences passed thereunder were also confirmed. The present appeal is by special leave granted by this Court.