STATE OF RAJASTHAN Vs. HANSRAJ @ HANSIA

JUDGEMENT

(1.) WHILE convicting accused Hansraj @ Hansia for the offence punishable under Section 302 Indian Penal Code, learned Additional Sessions Judge (Fast Track), Jalore awarded capital sentence by the judgment and order dated 28.9.2010, hence this reference as per Section 366(1) Code of Criminal Procedure is before us alongwith the appeal preferred by the accused.

(2.) BRIEF facts of the case are that on 4.7.2007 at 09:30 AM Shri Shaitan Singh (PW -29) recorded statements (Ex. P/29) of Smt. Hemlata (one among the four deceased), who was undergoing treatment at Government Hospital, Jalore. As per Ex. P/29, in the night of 3.7.2007 Smt. Hemlata, her mother Smt. Saroj (deceased), brothers Jitendra and Dilip (both deceased) were at their home i.e. situated near Railway Station, Jalore. At about 10:00 PM Hansia (accused) carrying a tiffin set, wearing wet clothes came there. He desired to stay there for a night. After consuming the tiffin brought, Hansia offered 'rabri ice cream' brought by him and that was eaten by all the persons except Hansia. After eating 'rabri ice cream' all the persons felt drowsiness and became unconscious. In the morning Hemlata acquired some consciousness, but she was not in a position to raise herself from the bed. She was having an injury on her neck and that was oozing. Her father and police personnels brought her to hospital. After making the statement as stated above she desired to have rest, being not in position to state much.

(3.) A criminal case then was registered, investigation was made and during that dying declaration (Ex. P/45) of Hemlata was recorded on 12.7.2007 at SMS Hospital, Jaipur. While undergoing treatment statements of Dilip (Ex. P/41) were recorded on 9.7.2007 at SMS Hospital, Jaipur. As per Ex. P/41, on 3.7.2007 in night at about 10:00 PM Hansia Naai, who was known to the victim family, came and consumed his tiffin. Subsequent thereto all the persons except Hansia eat 'rabri ice cream' that was brought in four packets by Hansia. After eating 'rabri ice cream' all the four persons gone to deep slumber. Subsequent thereto on hearing some noise, sleep of Dilip broken and he saw that Hansia was giving kulhari blows to his sister Hemlata. Hansia then before giving any chance to Dilip, attacked on him also. What happened thereafter, was not in knowledge of Dilip.