ASHOK RAGHUVANSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused appellant Ashok Raghuvanshi (for short the accused) was indicated before the learned Sessions Judge Jaipur District in Sessions Case No. 6/94 for having committed murder of his wife Rajni and daughter Harshita. THE learned Sessions Judge after finding the accused guilty convicted and sentenced him vide judgment dated December 14, 1995 as under- U/s. 302 IPc to undergo imprisonment for life and fine of Rs. 100/- in default to further suffer one month imprisonment U/s. 203 IPc to suffer six months RI. THE sentences were directed to run concurrently. Against the judgment of conviction that the action for filing the instant appeal has been initiated by the accused. THE State of Rajasthan sought enhancement of sentence by filing a separate appeal.

(2.) THE prosecution case as unfolded during the trial may be briefly stated thus- (i) On the basis of written report Ex. P. 1, submitted by the accused himself FIR No. 319/93 was registered at Police Station Sanganer on September 6, 1993 at 11. 20 p. m. for offence punishable under section 302 IPC. It had been interalia stated in the report that the accused had returned to his house at around 9. 30 p. m. THE lights in the house were not found on. THE door at the back side on the house was not found open as usual. THE accused stopped his scooter and called his wife. He knocked the door, rang the call bell. THEreafter he found the front door locked. THEse happenings were unusual, therefore he went towards the house of Surendra Kumar Saxena and brought him to him house. Both of them pushed the back door. THE door opened with a slight push. In the torch light they found that behind the rear door a stone had been placed. THE glare of the torch when fell inside the house. dead bodies of Rajni wife of the accused and Kumari Harshita the daughter of the accused were found in the Kitchen and in the dining room respectively. (ii) In the course of investigation S. H. O. PS Sanganer inspected the site. On September 7, 1993 the accused is alleged to have submitted another application Ex. P. 5 to the Incharge Police Station Sanganer. It was stated therein that Rs. 8,000/-, four gold bangles, three gold rings, one gold pendant, a pair of gold ear rings and a pair of silver anklets were found missing from the house. THE police further added offence punishable under section 380 IPC. During search of the house few letters and medical reports of Smt. Rajni and Kumari Harshita were also recovered. In the course of investigation the police came to the conclusion that no theft had been committed. THE articles which according to the accused had been allegedly stolen, were recovered from the custody of the accused as these articles were found lying in the almirah belonging to the accused which was placed in his office situated in Birla Planetorium. Autopsy on the dead bodies were conducted. Blood samples were lifted from the scene of occurrence. Photographs were taken. During investigation the accused was taken into custody and after completion of investigation charge sheet was filed against him. In due course the case came up for trial before the learned Sessions Judge Jaipur District. Charges under sections 302 and 203 IPC were framed against the accused who denied the charges and claimed trial. THE prosecution examined as many as 28 witnesses in support of its case. In his explanation under section 313 Cr. P. C. the accused stated that the witnesses were telling lies. He stated that he had been falsely roped in as his in laws were annoyed with him. THE report from the Forensic Science Laboratory was false and fabricated. THE accused also submitted a written statement. Two witnesses Rajendra Kumar Jain and Rajendra Godha were examined in defence. After hearing final submissions, the learned Sessions Judge convicted and sentenced the accused as indicated hereinabove.

(3.) THE circumstances which the prosecution presented can be recast as follows- (i) Rajni and Harshita used to remain sick and the accused wanted to get rid of them. (ii) Accused wanted to marry another woman. (iii) Rajni had apprehension of her death and she wrote in her diary that after her death her all money be given to her daughter Harshita. (iv) In the preceding months of the occurrence the accused started withdrawing money from the Bank account of Rajni. (v) Conduct of the accused after the occurrence was unnatural. (vi) Accused lodged false report (Ex. P. 1) with the Police Station. In another application Ex. P. 5 the accused falsely informed the Police Station that Rs. 8000/-, four gold bangles, three gold rings, one gold pendant, a pair of gold ear rings and a pair of silver anklets were found missing from his house. (vii) THE accused while in custody gave information leading to the discovery of cash, ornaments and blood stained hammer. (viii) THE ornaments which according to the accused had been allegedly stolen from his house, were recovered at the instance of the accused from the almirah belonging to the accused which was placed in his office at Birla Planetorium. (ix) THE ornaments were identified by the brother of deceased Rajni. (x) Blood stained hammer was recovered from the almirah at the instance of the accused. (xi) According to FSL report (Ex. P. 101) blood group `ab' of Harshita was found on hammer.