STATE OF M.P. Vs. RAI SINGH

JUDGEMENT

(1.) This judgment shall dispose of both the matters (the Death Reference and the Criminal Appeal, preferred by the accused against his conviction and sentences) arising out of a judgment dated 15.11.2003, passed by the learned Additional Sessions Judge (Jhabua) in the Sessions Trial No. 104 of 2003, holding accused appellant Raisingh guilty of offence under Sec. 302, Penal Code and sentencing him to death on two counts for murders of Suresh and Amaniya and also convicting him under Sec. 307, Penal Code for attempt to murder Hirli Bai (PW 4) and sentencing him to 7 years RI on that count.

(2.) Briefly stated the facts of the case are that accused Raisingh And deceased Amaniya are the nephews of complainant Keramsingh (PW 1) and deceased Suresh And injured Hirli Bai (PW 4) are his son and daughter. It is said that the accused was having illicit relationship with his aunt Mesri Bai (PW 2) wife of Keramsingh (PW 1) and mother of deceased Suresh and injured Hirli Bai (PW 4). this fact was also known to PW 1 and other villagers. On 11.1.2003, the fateful date, at about 10 O'clock Keramsingh (PW 1) and his wife Mesri Bai (PW 2) had gone to cotton field for weeding out grass. During weeding operation, the accused appeared in the field and holding the hands of Mesri Bai asked her to accompany him. She yelled and hearing that PW 1 (her husband) abusively rushed towards the accused with a stone in his hand to assault him. The accused took to his heels while threatening the couple to kill their children. Having apprehended dangers, PW 1 followed the accused and from a little distance, he saw the accused emerging and running away from his house. He, therefore, rushed inside the house to see that his nephew 10 years old Amaniya (son of his brother Tersingh) was lying dead in a pool of blood just near the door and in the same condition inside a room of the house, his son Suresh was also found dead. At that moment his sister-in-law Jhagali Bai (PW 3) (wife of Tersingh brother of PW 1) arrived in tears and informed that the accused had also assaulted Hirli Bai (PW 4). A little thereafter Hirli Bai came to the spot and narrated the incident that accused Raisingh had inflicted sword blows on her and had also assaulted deceased Suresh and Amaniya with sword, Geti and knife. Keramsingh (PW 1) accompanied by Raju and Pratap carried Hirli Bai to Police Station, Jobat. PW 1 lodged a report (Ex. P1) which was registered as Crime No. 7/ 2003 by the Jobat police under Sections 302 and 307, Penal Code against the accused. The report contained the necessary details of the background and the actual commission of the offence. It also contained a reference of Jhagali Bai (PW 3) and injured eye witness Hirli Bai (PW 4).

(3.) During Investigation, at the instance of PW 1, A spot map (Ex. P2) was prepared and vide Ex. P3, blood stained earth, controlled earth and a knife were seized from near the dead body of deceased Amaniya. Similarly, vide Ex. P4 blood stained earth, controlled earth, a Geti and a blood stained sword were seized from near the dead body of deceased Suresh.