STATE OF RAJASTHAN Vs. DEVILAL

JUDGEMENT

(1.) By judgment dated 20.01.2012, the Additional Sessions Judge (Fast Track), Dungarpur recorded conviction of accused Devilal son of Shankar for an offence punishable under Section 302 Indian Penal Code and awarded death sentence. The proceedings are submitted to this Court as per provisions of Section 366(1) Code of Criminal Procedure. To challenge the conviction recorded and sentence awarded the accused has preferred two appeals, one through counsel and second from Jail.

(2.) The facts of the case as detailed under the judgment impugned are that on 14.5.2003 at about 02:00 AM, Smt. Pushpa (PW-20) submitted a written report to the Station House Officer of Police Station Ganeshpur at her own residence. As per the report, Smt. Pushpa entered into a wedlock with Devilal about 6-7 years earlier. She also gave birth to a girl child in the matrimony. Devilal was not happy with birth of girl child, therefore, he started harassing her by several means and also by keeping one another woman viz. "Sajudi" by solemnizing "nata". Since last Deepawali Pushpa was living with her parents and she also lodged a case against Devilal alleging her harassment and torture. On 13.5.2003, her father Kanji, mother Dauli and brother Pappu after having dinner slept in court yard of the house. Smt. Pushpa and her daughter were sleeping in a closed room. In night at about 11:00 PM Pushpa heard some noise, thus, she looked out from slit available on the door and found that her husband Devilal was giving sword blows to Kanji, Dauli and Pappu resulting into their death. A loud cry was made by Pushpa and hearing that her uncle Bharata rushed towards the spot of occurrence. Pushpa too came out to the court yard where three dead bodies were lying. Accused Devilal fled from the spot. Bharata also saw Devilal escaping from the spot of occurrence with sword.

(3.) On basis of the information given, a case was lodged and investigation commenced. During the course of investigation the persons of Shri Kanji, Smt. Dauli and Shri Pappu were subjected to autopsy. Statements of Smt. Pushpa and Bharata as per provisions of Section 161 Cr.P.C. were drawn. Accused Devilal was arrested and on basis of the information given by him as per provisions of Section 27 of the Indian Evidence Act, a sword and its cover "myan" were recovered.