RAM GOPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The learned Additional Sessions Judge, Solan Sessions Division, by an order and judgment dated June 28, 1978, has convicted the above -named five appellants for offences punishable under Sections 120 -B and 302/34, IPC and has consequently sentenced them to undergo life imprisonment and to pay a fine of Rs. 2,500 each under Section 120 -B, IPC and has further sentenced them to life imprisonment and to pay a fine of Rs. 2,500 under Section 302/34, IPC on each count for three murders committed by them. Thus each appellant is sentenced to a total fine of Rs. 10,000 and, in default of payment of fine, each one has to undergo rigorous imprisonment for one year more, under each count, that is, in total four years each. The learned Additional Sessions Judge has, however, ordered that in the event of the recovery of the fine, Rs. 10,000 shall be paid by way of compensation to Shri Malik Ram for the loss of his property and Rs. 10,000 each to S/Shri Malik Ram, Krishan Lal and Hari Kishan, the fathers of the three deceased, as compensation. Regarding the case property, the learned Sessions Judge ordered that the small cash amounts collected from various shop keepers and others be returned to them by money orders after deducting money order commission fee. The articles recovered from the appellant Ram Gopal, that is, the amount of cash and ornaments were ordered to be given to Shri Malik Ram, as sto!en property. The gold piece Ex. P. 39 weighing 100 grams and 500 miligrams recovered from Shri Balwant Singh goldsmith of Jaitu Mandi and Rs. 5,000 from Shri Dalip Singh father of Sampuran Singh being stolen property, its proceeds were also ordered to be paid to Shri Malik Ram. A sum of Rs. 1200 recovered from Shri Ved Raj at Amritsar being stolen property was further ordered to be given to Malik Ram. Moreover, the articles recovered from the dancing girls and the cash amounts of Rs. 2400 from Irshad, Rs. 500 from Maya Devi dancing girl and Rs. 500 from Putlibai also being stolen property its proceeds were ordered to be given to Malik Ram. A sum of Rs. 600 recovered from Surjit Singh appellant at Jallalwala was also ordered to be given to Chri Malik Ram. However, the rest of the recovered amounts and articles were ordered to be returned to the respective persons from whom they had been collected. A sum of Rs. 200 collected from Kala Singh being stolen property was ordered to be given to Shri Malik Ram.

(2.) Aggrieved by the aforesaid order and judgment, the appellants have preferred this appeal.

(3.) The prosecution story may be narrated. On 3rd December, 1975, Sobha Ram (P. W. 1) while ploughing his field in his village, found a human right foot part in his field. His wife was also with him, Immediately, he informed Shri Vidya Dutt, Pradhan Parchayat (P. W. 27), about it. Shri Vidya Dutt alongwith Hans Raj (P. W. 30) came to the village. The foot part was covered with a basket Shri Sobha Ram went to report the matter to the police. He lodged the report (Ex. PA) at Police Station, Solan. A.S J. Abhi Ram alongwith Head Constable Baldev Singh and some other constables came to the spot with Sobha Ram. The Pradhan and the other persons were present there. On the following morning police dog was given smell of the foot part and the dog ran to the nearby Jatala Nallah followed by the police party and witnesses. This led to the recovery of human skeletons and clothes etc. A skeleton, with right hand separated, and fleet shoe in one foot, and clothes were also found on the skeleton. Nearby, another set of clothes was also found. Another skeleton with head parts separated from the neck along -with clothes was also found at the place where other clothes were lying. Broken pieces of whisky bottle B.C were found in the aforesaid Nallah. Another empty whisky BK. bottle was found nearby in the ghasni (grass land). Three sets of clothes with two skeletons and three right foot parts indicated that murders had been committed. A.S I. Abhi Ram sent memo Ex. P.W. 179/2 for registration of the case and accordingly F.I.R. Ex. P. W. 181/1 dated 4th December, 1975 was registered. On the same day, police photographer Shri Darshan Singh (P. W. 184 took photos of skeletons etc. at the spot. Shri Abhi Ram A.S.I, prepared the inquest report Ex. PAK, P.W. 29/1 and Ex. P.W. 29/2 on the same day. The skeletons, separated parts, and other articles were brought to the field where one foot part was initially found. A right hand part was detected being carried by a dog which was taken in possession and placed with the other skeleton parts. The same day, doctors S/Shri Suresh (P. W. 16) and Ram Lai (P. W. 131) carried out post -mortem examination at the field and thereafter the skeletons and clothes were taken to hospital mortuary and were kept for identification purpose. On 6th December, 1975, third skull part with other bones was also found nearby by A.S.I. Sarwan Singh (P.W. 181). He prepared inquest report Ex. PO and PAL. Dr. Singla (P. W. 17) conducted the post -mortem examination of the skull in the hospital the same day. The police collected the clothes and skeletons etc. from the hospital on 5th December, 1975 and 9th December, 1975 respectively. The skeletons and clothes were identified by S/Shri Malik Ram, Hari Kishan and Krishan Lal before the Sub -Divisional Magistrate, Solan in the identification parades conducted in the hospital regarding skeletons, and clothes, in his court premises. The identification revealed that the deceased were their sons belonging to Hoshiarpur, who were missing since 10th of November, 1975. Shri L. G. Kaushesh, D.I. and Shri Amar Nath proceeded to Hoshiarpur on 9th December, 1975 for investigation. On investigation, they learnt that the three deceased were friends and were also on friendly terms with Pawan Kumar and Ram Gopal appellants. The said appellants were, however, not available at Hoshiarpur. It was also learnt that a theft had taken place on the night of 10th November, 1975 at the house o Malik Ram, at Hoshiarpur, of a trunk containing gold ornaments weighing 33 tolas and cash of Rs. 45,000. The aforesaid Investigating Officers came to know that the theft took place with the connivance of Bhajji deceased, son of Malik Ram and the other two deceased, with the assistance of Pawan Kumar, Ram Gopal appellants, and Sarwan (P. W. 130), who acted as rickshaw puller for disposing of the trunk at night in a cho. The aforesaid two appellants are alleged to have joined the other three appellants, Subash, Sampuran Singh and Surjit Singh to cause the murder of the three deceased so that they could get the stolen property and thought that the theft will go untraced due to suspicion resting on the deceased, to have taken away the stolen property and having run away with it to some unknown place. On the basis of this plan, the three deceased are stated to have been brought to Solan by the appellants. New clothes were made for them. The clothes of Rakesh deceased were, however not changed. On 19th November, 1975, Ram Gopal alongwith Brij Lal alias Bhajji and Dev Raj alias Dsbo (hereinafter to be called Bhajji and Debo) reached Solan and rented a room in the lodge of Paras Ram. At Solan, in Sunder Cinema in the afternoon show, they met Nand Ram (P. W. 6) and Basti Ram (P. W. 137) there. Ram Gopal is stated to have developed friendship with Nand Ram. On 20 -11 -1975, Sampuran Singh, Pawan Kumar and Subash are stated to have reached Solan and stayed in the Tourist Lodge, Solan. Same day, Surjit Singh also reached Solan with Rakesb and joined Ram Gopal and two deceased to stay there. Surjit Singh, however, stayed with Sampuran Singh, Subash and Pawan Kumar, in the Tourist Lodge. on 21st November, 1975, Nand Ram is stated to have met Ram Gopal at Solan and the fouF accused excepting Surjit Singh went to Nand Rams place at Parag and Dhaunsi whereas Surjit Singh and the three deceased remained at Solan. Only Ram Gopal is stated to have come back to Solan. He sent Bhajji and Rakesh with Surjit Singh to Solan Brewery where Nand Ram met them who had come there to puichase cigarettes and took them to Dhaunsi village. Thereafter, Ram Gopal accompanied by Debo is stated to have reached Dhaunsi. They stayed for the night at Dhaunsi but Ram Gopal stayed with Nand Ram at village Parag. On 22nd November, 1975, Nand Ram and Ram Gopal also joined others at Dhaunsi Sampuran Singh suggested that liquor be sent for and Nand Ram was deputed for the purpose to go to Salogra to bring whisky. When Nand Ram was away, the others took liquor and potassium cyanide is alleged to have been administered to the three deceased. Soon thereafter, Pawan Kumar, Subash and Sampuran Singh left the Dogri for Solan. Nand Ram on return from Solan found Ram Gopal and Surjit at Dogri They also left the hotse of Nand Ram and gave him their addresses which were found wrong. They also gave some money to the children at Nand Rams house. Thereafter, they went to Simla whereas the remaining three left for Chandigarh and further to Faridkot. The above two appellants returned from Simla and reached Ludhiana the same night and stayed with Lai Chand (P. W 4). Thereafter, they visited different places and spent sufficient amount of money except Surjit Singh who remained at the house of his in -laws at Jallalawala They were arrested between 4th to 10th of January, 1976. Ram Gopal was arrested at Ludhiana on 4th January, 1976, Saropura Singh at Jaito Mandi district Faridkot on 6th January, 1975 whereas Pawan Kumar and Surjit Singh were arrested at Jallalawala district Ferozpur on the night of 7th January, 1976 at the house of the in -laws of Surjit Singh, Subash was arrested at Jullundur at his own place on 10th January, 1976. During the investigation, they were identified by witnesses in the identification parade conducted by the Chief Judicial Magistrate, Solan. Ram Gopal made the recovery of currency notes, ornaments and the articles purchased etc. Some of the accused -persons made disclosure statements resulting in the recoveries of cash, ornaments and other articles. All the appellants also pointed out different places which were visited by them before and after the occurrence or for commission of offences. It was found that the accused -persons were seen by different witnesses at Dhaunsi and Parag villages at the relevant time. At Dhaunsi, finger impressions of Ram Gopal and Subash accused were detected on one empty whisky bottle (Solan No. 1). This is in short the prosecution version.