OFFICE REFERENCE Vs. DHAL SINGH DEWANGAN

JUDGEMENT

(1.) This is a reference under section 366 of the Code of Criminal Procedure for confirmation of death sentence as the Sessions Judge, Durg in S.T. No. 96/12 convicting the accused/appellant under Section 302 of IPC (for committing murder of six persons) has awarded him death sentence with fine of Rs. 1000/- on each count plus default stipulations. Apart from the reference, accused has also preferred an appeal against the judgment impugned convicting him under Section 302 IPC and imposing death sentence on him for committing the murder of his wife and five tender aged children.

(2.) This judgment shall thus govern the disposal of both i.e. criminal reference No. 4 of 2013 and criminal appeal No. 563 of 2013.

(3.) In the present case, there are six deceased persons namely Thaneshwari (wife of the accused/appellant, aged about 32 years), Nisha, Laxmi, Sati, Nandini and Sandhya, the daughters of the accused/appellant, aged about 15, 14, 13, 8 and 5 years respectively at the relevant time. It is alleged that on or before 19.2.2012, the accused/appellant and the deceased returned from Nagpur after attending wedding of some of his relatives and on the same day at about 12 p.m., the accused/appellant committed murder of his wife Thaneshwari and five minor daughters by causing number of injuries on their vital parts with chopper/knife used by him for cutting hen. On 20.2.2012 merg intimations (Exs. P/19 to P/24) were recorded at the instance of Kejabai (PW-6), mother of the accused/appellant. Thereafter, Dehati Nalishi (Ex. P/18) was recorded on 20.2.2012 at the instance of Kejabai (PW-6). Numbered merg intimations (Exs. P/38 to P/43) were also recorded on 20.2.2012. On the basis of Dehati Nalishi, FIR (Ex. P/51) was registered against the accused/appellant for the offence punishable under Section 302 of IPC. Inquests were conducted over the bodies of deceased Thaneshwari, Laxmi, Sati, Nisha, Sandhya and Nandini vide Exs. P/4, P/6, P/8, P/10, P/12 and P/14 respectively. The accused/appellant was arrested on 20.2.2012 vide Ex. P/62. Thereafter, memorandum of the accused/appellant was recorded vide Ex. P/15 and pursuant thereto, bloodstained clothes worn by him at the time of incident were seized vide Ex. P/16. Vide Ex. P/1, two bloodstained pillow covers, plain and bloodstained soil and chopper/knife used in commission of offence, which was lying next to the accused/appellant, who, according to the prosecution, was also lying at the place of incident after committing murder of his wife and children, were seized from the place of occurrence. Postmortem on the bodies of deceased Sati, Nisha and Sandhya was conducted by Dr. Ajaypal Chandrakar (PW-7) vide Exs. P/27, P/28 and P/29 respectively, whereas postmortem on the bodies of deceased Thaneshwari, Laxmi and Nandini was conducted by Dr. Chandrabhan Prasad (PW-14) vide Exs. P/64, P/65 & P/66 respectively. The doctors opined that all the injuries sustained by the deceased were antemortem in nature caused by sharp edged weapon and that cause of death was cardio respiratory arrest due to excessive bleeding on account of the said injuries and the death was homicidal in nature. Vide Ex. P/61 the seized knife was sent to Dr. Chandrabhan Prasad (PW-14) seeking his opinion with regard to presence of blood thereon, possibility of injuries being caused by the seized weapon to the deceased persons and further, possibility of death due to injuries caused by the said weapon. After due examination, he (PW-14) had confirmed presence of blood on the seized knife, however, for ascertaining whether the blood was human blood or not, he advised for chemical examination. He further opined that the injuries leading to death of six persons could be caused by the weapon so seized. As per FSL report (Ex. P/69), blood was found on the Article F & G i.e. clothes of the accused/appellant and knife seized from the place of occurrence respectively. Further, serological report (Ex. P/72) also confirmed presence of human blood on Article F & G.