STATE Vs. DHANNA RAM

JUDGEMENT

(1.) SUCCINCTLY put the prosecution story is that Mst. Chhagni, daughter of accused Dhanna Ram's brother Rama Ram. a resident of Kanwla raised an outcry at about 11 a. m. on March 10. 1972. that her uncle Dhanna Ram had killed his daughter Mst. Shanti and that he had been standing near the dead body with a blood stained hatchet in his hand. On hearing her scream and shriek Thana Ram. P. W. 3, Ganga Ram P. W. 5 and Jagga P. W. 6 reached the spot with hurry and rush. They entered Dhanna Ram's house. They first saw Mst. Shanti (aged about 6 years) lying injured and dead in the courtyard of the accused's house and Dhanna Ram standing close at hand clutching a blood-stained axe tenaciously. Ganga Ram caught hold of Dhanna Ram and Jagga snatched away his axe abruptly with, a sudden jerk. On their query the accused told them that he had killed not only his daughter but also his four sons. The witnesses then saw the dead bodies of Phulia (aged 10 years) and Chhoga (12 years of age) in the accused's Bara'. These two children had also been hacked to death. Thereafter the witnesses entered Dhanna Ram's room wherein they located the dead bodies of Dhanna Ram's sons. Kapura (14 years old), and Puria (2 1/2 years of age ). The two boys had also sustained fatal injuries on their necks. Soon after Thana Ram. P. W. 3. went to Parbat Singh, Sarpanch of village Kanwla (P. W. 2) and acquainted him with what he had seen. Parbat Sinsh then reached the spot and he found five corpses of Dhanna Ram's children. On his grill Dhanna Ram made a confession before him that he had killed his five infants. P. W. 2 Parbat Singh scribed the first information report (Ex. R. 1) and he sent it to the police station Umedpur through P. W. 1 Pratap Singh That very day the S. H. Q. Umedpur. Kishan Lal P. W. 8. on receipt of the above factual statement of events, registered a case under Section 302. I. P. C. against Dhanna Ram and took over investigation. He reached the spot and prepared inquest reports in respect of the dead bodies of all the five youngsters, site plan and other necessary documents. He seized the blood-stained Shirt Article 2 and Dhoti Article 3 which Dhanna Ram had been wearing. He also seized the blood-stained hatchet Article 1 under memo Ex. P. 10. dated March 10. 1972. These articles were duly sealed and were sent to the Chemical Examiner. Jaipur through Boota Ram P. W. 7 (L. C. No. 514 ). The Chemical Examiner, Jaipur in his report (Ex. P. 23) certified that the articles were positive for blood. The Serologist and the Chemical Examiner to the Government of India. Calcutta, in his report (Ex. P. 24) opined that the constituents were stained with human blood. The post-mortem examination of the dead body of Kapura Ram was conducted by Dr. Raman Verma (C. W. 1) and he found the following injuries on the person of the deceased:--

(2.) FOLLOWING injuries in the course of autopsy were noticed on the person of deceased Chhoga Ram:-

(3.) ON the dissection of the dead body of Phulia the Doctor noticed that he had sustained the following three injuries, which were ante-mortem and homicidal:--