STATE OF RAJASTHAN Vs. PAWAN

JUDGEMENT

(1.) THIS is an unfortunate case where two persons were beheaded for a trifle cause. Appellant Pawan was the accused who faced trial for eliminating his neighbours Suresh and Bhana Ram by axing their necks, before the learned Additional Sessions Judge (Fast Track) No. 1, Jhunjhunu in Sessions Case No. 193/2001 (137/2001 ). He was found guilty, convicted and sentenced under section 302 IPC to sentence of death and fine of Rs. 500/- in default to further undergo one month simple imprisonment. The appellant was further directed to pay compensation in the sum of Rs. 25,000/- to the wife of the deceased Suresh and Rs. 25,000/- to the legal representative of deceased Bhanaram.

(2.) THE learned Additional Sessions Judge (Fast Track) No. 1 Jhunjhunu made a reference under Section 366 Cr. P. C. for confirmation of death sentence whereas the appellant has assailed the findings of the learned Sessions Judge by preferring two appeals under Section 374 (2) Cr. P. C. bearing criminal appeal Nos. 1665/2002 and 1622/2002.

(3.) SOMVEER (PW. 5) deposed that he was coming back from his field in a camel cart. As soon as he reached near the transformer of village Ladunda around 9- 10 a. m. he saw Pawan running with axe in his hand. Seeing Suresh there, Pawan gave axe blow on the person of Suresh who fell down. Another axe blow was inflicted by Pawan over his neck and beheaded him. When SOMVEER shouted, Pawan threatened him to kill and asked him to run away. Hearing his voice when Bhana Ram reached there, Pawan gave axe blow on his person. Finding Bhana Ram falling down, Pawan inflicted another axe blow on his neck. Pawan then challenged the persons gathered there by showing axe and proceeded towards Loharu.