IN REFERENCE Vs. JITENDRA PURVIYA

JUDGEMENT

(1.) The criminal appeal and the criminal reference have been filed being aggrieved of the judgment of conviction dtd. 15/9/2022 and sentence dtd. 19/9/2022 passed by learned Additional Session Judge, Bareli, District Raisen in S.T. No.46 of 2019, convicting the accused Jitendra Purviya with Death penalty for offence under Sec. 302 of IPC (4 counts) and with three years imprisonment under Sec. 25(1-b)(a) of the Arms Act with fine of Rs.1000.00 with default stipulation of R.I. for two months. He is also convicted under Sec. 27 of the Arms Act with R.I. for five years, fine of Rs.1,000.00 with default stipulation of two months R.I.

(2.) Brief facts of the present case are that the appellant is guilty of causing homicidal death of his wife Sunita, father Jalam Singh, mother Sharda and son Siddhant @ Shivyansh.

(3.) As per the prosecution story, on 16/5/2019 complainant Ranjana Bai (PW-1) lodged a Dehati Nalishi to the effect that on 16/5/2019 at about 1.30 - 2.00 a.m., she along with her son Sourabh and husband Ramji were sleeping in the courtyard of their house. In the neighbourhood, her uncle-in-law Jalam Singh was residing with his family. In that house, Jalam Singh, his wife Sharda Bai, Daughter-in-law Sunita Bai, grandson Siddhant @ Shivyansh and her brother-in-law (Devar) Jitendra Purviya were sleeping. At about 1.30 - 2.00 a.m. she heard sound of fire arm in the courtyard of her uncle-in-law when she and her son Saurabh got up. They heard cries of Sunita Bai for saving them as Jitendra was beating them armed with a gun and an axe. They immediately reached the place of the incident and saw Jalam Singh and Sharda Bai stepping in to save Sunita, then Jitendra had beaten them and caused injuries to them. When complainant stopped Jitendra, then he ran to attack her, she ran for her life along with her son. But in the process Jitendra had hit Sourabh i.e. her son on his left hand with the handle of the axe. Jitendra had hit axe on the head of Shivyansh when neighbourer Ratan Singh was woken up, then on his raising an alarm neighbourers gathered but in the meanwhile Jitendra after concluding the assault escaped with his gun and an axe. Sharda Bai and Sunita were already dead whereas Jalam Singh and Shivyansh were grievously injured.