STATE Vs. RAJIT RAM

JUDGEMENT

(1.) This murder reference has been preferred from the Judgment dated 27/28th February, 1991, passed by Shri Padam Singh, Additional Sessions Judge, New Delhi.

(2.) The learned Additional Sessions Judge has convicted the respondent under Section 302/201 Indian Penal Code . and awarded death sentence and imposed a fine of Rs. 2000.00 under Section 302 of the Indian Penal Code, and in default of payment of fine, R.I. for one year. The court also convicted the accused under Section 201, Indian Penal Code . and awarded him R.I. for 5 years and a fine of RS.1,000.00 and in default of payment of fine, R.I. for six months. Both the sentences shall run concurrently. The murder reference has been placed before us for confirmation of death sentence and the accused filed appeal against his conviction. Both the murder reference and appeal of the accused are being disposed by this common judgment. Brief facts which are necessary to decide the Murder reference are set out as under:-

(3.) Hari Ram, and Hirday Ram, slept together outside Jhuggi of Hari Ram while the accused and the deceased went to sleep in the shop No. E-68. Public Witness .2 Hari Ram, has stated in his statement that he has seen the accused putting down the shutter of the shop where he had gone to sleep with the deceased. He further stated that around 2 or 3 A.M. he heard some sounds/noise. He thought it might be a ghost. So he again went to bed. Again, around 3.30 A.M. he got up and saw the accused opening the shutter of the shop. On Hari Ram's enquiry, as to what had happened, the accused replied that nothing had happened. On this, he again went to sleep. Around 4 a.m. he woke up as his mosquito-net had fallen down. At that time, he saw the accused, Rajit Ram carrying the dead body of deceased Ram Palat towards gali adjacent to his Jhuggi. When the accused was returning after throwing the dead body of Ram Palat, Public Witness .2 Hari Ram, enquired from him as to what had happened. At that, point of time, the accused told him that he had committed the murder of Ram Palat and requested him with folded hands that since he has seen the murder, he should not tell about the same to anyone. Hari Ram has further stated in his statement that the accused was having blood on his person and he was wearing at that time only an underwear and no other clothes. Though Hari Ram told the accused that he would not tell anybody about the incident but he became very nervous. He has further stated that he went inside the shop no.E-68 and locked it from inside. He informed two chowkidars that accused, Rajit Ram had committed a murder and they should see that the accused does not run away since Public Witness .2 Hari Ram, was going to Police Station. Both the chowkidars assured Hari Ram that they would take care of the accused and he should go to the Police Station. Hari Ram has stated that he woke his nephew Hirday Ram, who was sleeping at that time and took him to the Police Station. Hari Ram, narrated the incident to the Police.