STATE OF MADHYA PRADESH Vs. SAMAYLAL

JUDGEMENT

(1.) On 8-6-1991 Babulal (P.W. 1) had gone to Kharsia to see off his son who was to go to Gujarat that day by train. His wife Sobhna Ben was in his house at village Singhara about 20.00 Kms. from Police Station Malkharoda. Family servant Bisesar (P.W. 7) was with her. In the night to keep company with Sobhna Ben Geetabai (P.W.2) a lass of 14 years and Kaundi alias Kaushalya (not examined) had come and after playing for some time the game of Kaudi with Sobhna Ben all of them went to sleep in the same house. Sobhna Ben slept on her cot while the two girls slept on a platform in the same room. In the adjoining room was Bisesar. During night miscreants broke open the window of the room where Sobhna Ben was sleeping and committed her murder and made good their escape with six thousand rupees cash and silver and gold ornaments. The two girls informed Bisesar of the tragedy. ln the morning neighbour Chhotelal (P.W.8) was sent to Kharsia to inform Babulal. Chhotelal reached Kharsia on motor cycle but did not think it wise to tell Babulal of the death of his wife. He, therefore, informed him only of the fact of burglary. Babulal on reaching his house found Sobhna Ben dead on her cot with numerous stabbed wounds and the aforesaid cash and ornaments missing. He then went to the police station and lodged first information report Ex. P-1 at 9.30 a.m. on 9-6-1991. Crime was registered. The looted property was recovered from the possession of the seven accused persons who were tried on charge of committing armed dacoity with murder under Section 396 read with Section 398, I. P.C. ahd 25/ 27 Arms Act, in Sessions Trial No. 478/91 of Bilaspur Sessions Division. The learned Sessions Judge vide judgement dated 28-10-1993 convicted all the appellants under Section 396, I.P.C. and sentenced appellant Samaylal, Harishankar alias Matwar and Leelakant to death subject to confirmation under Section 366, Cr. P. C. and life imprisonment to the remaining four. Cr. Ref. 4 of 1993 is for confirmation of death sentence. The appeal filed by all the seven convicted persons is Cr. A. No. 1053/ 93. This judgment disposes of both these matters.

(2.) Samaylal and Harishankar alias Matwar are residents of village Singhara. Koundi alias Kaushalya is sister of Matwar who is called uncle by Geetabai. The prosecution case is that on the fateful night the three condemned men entered into the room where the deceased was sleeping after breaking open the window. Leelakant pressed the head and hands of Sobhna Ben, legs were caught hold of by Harishankar when Samaylal is said to have stabbed her with the knife causing six incised wounds cutting the liver and the lungs and relieved the body of all the ornaments which she was wearing. They then took out the keys of the safe from underneath the pillow ransacked the house and decamped with six thousand rupees cash and the following ornaments: a gold neckless with locket (Art. A), two pairs of gold bangles (Art. B-1 to B-4), one golden bali (Art. C), one golden charkopla (Art. D), three silver buttons (Art. T1, T2, and T3), nine silver coins (Art. 01 to 09, a silver Bicchiya (Art. P-1, P2), a pair of golden tops (Art. G-1, G-2), 18 golden Khunti (Art. F-1-F-18), a pair of silver Pairpatti (Art. P-1, P-2), a gold gathis (Art. J), a golden chain (Art. K), a pair of gold ear tops (Art. H-I, H-2), a small piece of gold (Art. L), silver guchha (Art. E), a pair of silver pial) (Art. S-l, S-2), a pair of gold tops (Art. L-1, L-2), a golden nose ring and four golden puli diamond tipped (Art. M-1 and M-18 to M-21), one pair of silver Tora (Art. U-I, U-2) six golden Kangan (Art. W-1 to W-6) 8 silver bangles (Art. X-I to X-8), seven pieces of silver Nagmori (Art. V-1 to V-7), one pair of silver Sati (Art. Y-1, Y-2). Next day when the matter was reported to the police crime was registered and the Investigating Officer Shri H. P. Singh (P.W. 12) reached Singhara. He inspected the spot and seized pieces of glass bangles, bloodstained towel, Dibba vide Ex. P-10. He also seized three bent iron rods and the wooden parts of the broken window and the broken boxes and safe vide Ex. P- 11. Two Saris and small screw driver were seized vide Ex. P-12. All these seizures were made from the room where the incident took place. He then held inquest vide Ex. P-9 and sent the dead body for postmortem examination. The homicidal death of Sobhna Ben is not disputed and, therefore, details of the medical evidence in this behalf need not be mentioned. The same day he recorded the statements of Babulal, Geeta, Kaundi, Rakesh Kumar, Bisesar Singh, Chhotelal Chandrekar (P.W.8) and some other witnesses. On 10-6-1991. Samaylal was arrested from his house and Matwar was arrested from a Khandhar outside the village. They were interrogated in presence of Lalaram (P. W. 6) and Peela Dau (not examined.) Confessional memorandum of Samaylal, Ex. P-13, was recorded which led to the recovery and seizure vide Ex. P-34 from his house of the following articles: <FRM>1. a gold neckless with locket (Art. A); 2. a gold bangles (Art. B-I); 3. one gold bali (Art. C); 4. one gold char phokla (Art. D); 5. three silver buttons (Art. T-I, T-2, T-3); 6. nine silver coins (Art. 0-1 to 0-9); 7. one silver Diya (Art. P-1, 2); 8. Rs. 1500/-; and 9. a knife with button.</FRM> Confessional memorandum of Matwar (Ex. P-14) led to the recovery and seizure vide Ex. P-15 of the following articles; <FRM>1. a gold bangle (Art. B-3); 2. Two gold tops (Art. G-l, 2); 3. Three gold Khunti (Art. F-5, 6); 4. a pair of silver pair patti (Art. T-1, 2); 5. Rs. 1000/- cash; and 6. an iron Chhuri.</FRM> The same day bloodstained clothes from Samaylal were also recovered vide Ex. P-35 and from Matwar vide Ex. P-16. From these two accused persons information on complicity of others was obtained by the Investigating Officer. Appellant Leelakant, Chandradeo, Bhikham and Ramkumar were arrested from their houses. Their confessional memorandums being Exs. P-18, P-20, P-22 and P-24 respectively were recorded in presence of the witnesses which led to the recovery and seizure vide Exs. P-17, P-l9, P-21 and P-25 of the articles detailed below: From Leelakant : <FRM>1. a gold bangle (Art. B-4); 2. a gold Gathiya (Art. J); 3. a gold chain (Art. K); 4. 2 gold Khunti (Arts. F-13, 14); 5. Rs. 500 + 100 + 100; and 6. a countrymade Katta. </FRM> From Chandradeo : <FRM>1. a pair of gold ear tops (Arts. H-l, 2); 2. a small gold piece (Art. L); 3. 6 gold khunti (Arts. F-7 to 12); 4. Rs. 885/- cash; and 5. country made revolver. </FRM> From Bhikham: <FRM>1. a gold bangle (Art. B-2); 2. a silver guchha (Art. E); 3. 4 gold khunti (Arts. F-1 to F-4); 4. a pair of silver payal (Arts. S-1, 2); 5. Rs. 1000/-cash; and 6. a kater.</FRM> From Ramkumar: <FRM>l. a pair of gold tops (Arts. L-1, 2); 2. 3 gold khunti (Arts. 15 to l7); and 3. Rs. 40+ 50 + 10 cash.</FRM> From the possession of Leelakant bloodstained clothes were also seized vide Ex. P-19. The knife seized from Samaylal was sent to the autopsy surgeon, Dr. N. P. Mishra, who opined vide Ex. P-28 that the injuries found on Sobhna Ben could have been caused by that knife. The bloodstained clothes seized from the suspects were also examined by the said doctor who vide his report Ex. P-29 encircled the suspected blood marks and advised for chemical examination. On 11-6-1991. Executive Magistrate, Shri R. R. Kujur (P.W. l3) conducted test identification of appellant Leelakant who was correctly identified by Geeta and Kaundi vide memorandum Ex. P-3. On 11-6-1991 Sub-Inspector, P.K. Gajbhiye (P.W.l4) arrested appellant Kamalprakash at Raigarh and recorded his confessional memorandum Ex. P-4 in presence of Nanhelal (P. W. 3) and Bhakulal (not examined). On the basis of the said memorandum the following articles were recovered from the place of hiding and seized vide Ex. P-5: <FRM>1. a gold nose-ring diamond tipped, 4 gold phuli (Arts. M-F-18 to 21); 2. a pair of silver Toda (Art. U-1, 2); 3. 6 Silver Kangan (Art. W-1-6); 4. 8 silver bangles (Arts. X-I1to 8); 5. 7 silver Nagmori (Arts. V-1 to 7); and 6. a pair of silver Sati (Art. Y-l, 2).</FRM> On 20-6-1991 the aforesaid Executive Magistrate P.W. 13 on receipt of sealed ornaments conducted their test identification and Babulal correctly identified them vide memorandum Ex. P-2. Vide Chemical Examiner's report Ex. P-38 and Serologist's report Ex. P-39, bangles, Sari, peticoat, towel recovered from the room all belonging to the deceased and shirt seized from Matwar and looser seized from Leelakant were found to be stained with human blood. The looser was found to be stained with 0 group of blood. The defence is one of bald denial.

(3.) The learned Trial Judge held the eyewitness account of Geetabai reliable and accepting the evidence of recovery of looted booty from the possession of present appellants concluded that though the murder of Sobhna Ben was committed by the three condemned men all the seven were involved in the crime and convicted and sentenced them as aforesaid.