SURJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant Surja Ram was convicted by the learned Additional Sessions Judge, Hanumangarh in Sessions Trial No. 28 of 1991 for the offence under S. 302 I.P.C. for murdering his real brother Raji Ram, Raji Ram's two sons Naresh and Ramesh and Niko Bai their Bua, and for an offence under S. 307, I.P.C. for attempting to murder Sudesh, the daughter of Raji Ram and Phola Devi the wife of Raji Ram and also for offence under S. 450, I.P.C. for committing house trespass in order to commit offence punishable with imprisonment for life. The learned Additional Sessions Judge awarded death sentence against the said accused Surja Ram for the offence of murder. He was sentenced to suffer imprisonment for life and a fine of Rs. 2,000/-, in default of payment of fine, further rigorous imprisonment for three months for the offence under S.307, I. P.C. and he was also sentenced to suffer rigorous imprisonment for ten years and a fine of Rs. 1,000/-. in default of payment of fine, to suffer further rigorous imprisonment for one month for the offence under S.450, I.P.C.

(3.) Against such convictions and sentences, the accused Surja Ram preferred D.B.Criminal Appeal Nos. 265 and 266 of 1995 before the Rajasthan High Court (Jodhpur Bench). The said appeals were heard along with D.B.Criminal Murder Reference No. 1 of 1995 by the Rajasthan High Court and by the impugned common judgment dated January 18, 1996, the High Court dismissed both the appeals preferred by the accused Surja Ram and confirmed death sentence passed against him.