STATE OF RAJASTHAN Vs. PAPPU @ KRISHNAMURARI

JUDGEMENT

(1.) In Jhalawar City on June 21, 1996 between 6 and 6.30 p.m. accused appellant Pappu @ Krishnamurari allegedly killed Dilip, Rajesh and Bhanwar Lal at three different places and when assaulted Tilak Raj with knife at a fourth place he was arrested. At 6.35 p.m. Tilak Raj lodged a written report with the Police Station Kotwali Jhalawar. Investigation commenced. The dead bodies were subjected to autopsy. Site was inspected. Statements of the witnesses were recorded under Section 161 Cr.P.C. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2 (Fast Track) Jhalawar. Accused denied the charges framed under Sections 302, 307 and 452 IPC and claimed trial. The prosecution examined 22 witnesses and exhibited 35 documents. In the explanation under Section 313 Cr.P.C. the accused pleaded innocence and produced three witnesses in defence. The learned Trial Judge vide judgment dated July 18, 2001 convicted and sentenced the accused as under-

(2.) Learned trial judge made reference bearing Death reference No. 1/2001) under Section 366 Cr.P.C. for confirmation of death sentence awarded to the accused Pappu @ Krishnamurari. The accused Pappu also impugned the findings of the learned trial judge by preferring Jail appeal bearing No. 482/2001. We straightway proceed in accordance under Sections 366 and 368 Cr.P.C. to examine the entire evidence independently.

(3.) The facts of the case, as unfolded during the trial are that the accused Pappu had animosity with Tilak Raj (PW .5) because he appeared as a witness against Pappu in a criminal case lodged by one Ravi. On the fateful day of June 21, 1996 around 6 p.m. accused Pappu shouted to Dilip (now deceased) that he was acting very pricey. Dilip's Tea Stall was just opposite the Pan shop of Pappu and between the Tea Stall and Pan shop, there was a cement road. Dilip came over to Pappu's Pan shop to enquiry as to what the matter was and tried to give some explanation but Pappu took out a knife and assaulted Dilip who fell down. Pappu then turned around and went to the shop of one Ram Babu where he found Dilip's elder brother Rajesh (now deceased). Pappu allegedly attached Rajesh in the shop, Rajesh ran for his life on the main road, Pappu chased him and struck him with the knife. After assaulting Dilip and Rajesh, the accused Pappu all drenched in blood and carrying a blood stained knife in his hand, walked through the busiest market of Jhalawar and reached a place about 3/4th kilometer away at a place called Kale Babu Ki Haveli, where he found Bhanwarlal (now deceased) sitting with Kunj Behari (PW.3) and Mahesh Hada (PW.14). The accused Pappu walked up to Bhanwar Lal and stabbed him. Bhanwar Lal collapsed and died. After this Pappu went to Ratan LaPs house where he found Tilak Raj (PW.5), When Pappu attacked Tilak Raj his wife Shashi Kala (PW.7) ad his nephew Jitendra (PW.2) intervened and they sustained injuries. Pappu dragged Tilak Raj outside the house where Kunj Bihari (PW.3) Hamesh Hada (PW.14) and Yogesh (PW.1) caught hold of the accused. In the meanwhile the police arrived and arrested the accused.