STATE OF MADHYA PRADESH Vs. DEOKI NANDAN

JUDGEMENT

(1.) By this judgment, Criminal Reference No. 4/86 for confirmation of death sentence against appellant Deokinandan and also Criminal Appeal No. 881 of 1986 Anantram and others v. State; of M.P. are also disposed of as all these matters arise out of Sessions Trial No. 118/85 decided on 15-5-1986 by the Additional Sessions Judge, Umaria, district Shahdol. Appellant Deokinandan has been convicted under S.302 IPC for committing murders of Ramphal and Gomti while the appellants in the connected appeal i.e. Anantram, Satanand, Ramprasad, Moolchand and Munish have been convicted under S.302 with the aid of S.149 IPC for these double murders, while Deokinandan has been sentenced to death, the rest have been sentenced to imprisonment for life.

(2.) Deceased Ramphal and Gomti were brothers and they were living in village Dithori, police station Umaria. The village is located in a dense forest, its habitation being of 10 to 12 houses. Appellants Anantram and Satanand are also brothers and cousins of the deceased. Their another brother Baikunth was married to sister of appellant Deokinandan. They were the only two Bramhin families living in the village. Appellants Moolchand and Munish are also brothers while appellant Ramprasad is their relation. Yashodabai alias Annu (P.W. 2) aged about 13 to 14 years came to live with the deceased as the wife and children of Gomti had gone to her parents' place and Ramphal was a widower. She is their sister's daughter and she was brought for looking after cooking and household job. On the night of 7-7-1985 deceased Gomti had called villagers and was reading Ramayan up to 10 p.m. After they left, the two brothers and Yashoda took their meals and went to sleep in the open Parchhi. The prosecution case is that the Parchhi used to be lighted throughout the night and deceased Ramphal used to sleep on a cot and Yashoda used to sleep on another cot by its side while deceased Gomti used to sleep on the floor. There was also a light on the electric pole, on the street. On the morning of 8-7-1985 Ramphal and Gomti were found dead with, bleeding injuries on their neck. Yashoda informed her neighbour Kashiprasad (P.W. 4) that some unknown assailants have killed her two maternal uncles. He, in turn, called other villagers. Ramkumar (P.W. 1) then went and lodged a report Ex. P. 1 in police station Umariya, 40 Kms. away at 12.15 in the noon mentioning that the two brothers have been murdered by some, unknown assailants. A.S.I, Mishra,(P.W. 12) took up the investigation and proceeded to the spot. He held inquest over the dead bodies and prepared panchnama Exs. P. 2 and P. 17 and also seized bloodstained earth and the bloodstained beddings from the spot. The dead bodies were sent for post mortem examination. He also prepared spot map Ex.P. 3. Dr. T.N. Chaturvedi (P.W. 11) did the autopsy and found one incised wound 6" x 2" X 1" on the left neck of deceased Ramphal and muscles were cut, one incised wound 5'' X 2'' x 1'' on the right neck of deceased Gomti and the muscles were cut. Since there was putrefaction of both the dead bodies, it could not be said whether the injuries were post-mortem or ante-mortem, but if the injuries were ante-mortem, as likely to be because the incised injuries were spindle shaped showing they were caused before the death, the injuries were sufficient in the ordinary course of nature to cause death as per his post-mortem report Exs. P.25 and P. 27.

(3.) On the next day, Yashoda gave a list of stolen articles Ex.D. 3 from the house i.e. one wristwatch, one radio, Batuwiutensil one peti, one Dibba of Ghee, one Matka of curd and other Matka containing medicines. At some distance from the house of the deceased and on the road, A.S.I. Mishra seized one knife as per seizure memo Ex.P. 6. Thereafter Yashoda's statement Ex.D. 1 was recorded mentioning that in the night of the incident, she woke up after hearing groaning noise and saw appellent Anantram holding the legs and appellant Satanand holding the head of deceased Gomti and appellant Deokinandan cutting his neck with a knife. She also saw appellants Ramprasad and Munish similarly holding head and legs of deceased Ramphal and then Deokinandan cut his neck with knife. He then threatened Yashoda with the bloodstained knife that she would meet the same fate if she discloses this fact to anyone. Deokinandan then took the key of the room from her and removed the watch, radio, Batuwi, Peti and other articles and then left the place. She was so much frightened and scared that she had no courage of inform anyone about the murders in the night. In the morning also, she told Kashi Prasad about the murders of her maternal uncles by unknown assailants as she was afraid to disclose the names of the appellants as they were also residing in the same village. A.S.I. Mishra then took the appellants into custody. Deokinandan gave a memorandum Ex.P. 8 and recovered bloodstained knife which was seized as per seizure memo Ex.P. 12. He also seized bloodstained Dhoti from him vide seizure memo Ex.P.