PANCHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment dated August 23, 1985, passed by the Sessions Judge, Banswara, by which the learned Sessions Judge convicted the accused appellant for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 1,000.00 and in default of payment of fine further to undergo three months simple imprisonment. D.B. Criminal (Jail) Appeal No. 312 of 1985, has been filed by the accused-appellant challenging his conviction and sentence passed by the learned Sessions Judge, Banswara, while D.B. Criminal Appeal No. 24S of 1986, has been filed by the State for the enhancement of the sentence.

(2.) On September 15, 1984, in the night at about 11.00 p.m., Khatiya, Smt. Seeta, Manek, Rami and Kesar were murdered in their house situated in village Dunglawani Poslikheda in Banswara district,. The report of the incident was lodged on 16/9/1984, at 8.00 p.m. by one Mangla at Police Station, Peepalkhunt. The case of the prosecution is that in the night of 15/9/1984, at about 11.00 p.m., accused Panchiya murdered his parents Kbatiya and Smt. Seeta, brother Manek, brother's wife Smt. Rami and niece Kesar, by Bansla (a sharp-edged iron weapon) while they were, sleeping in the house. The incident was witnessed by P.W. 2 Itri (wife of the accused) and P.W.3 Dhulki the sister-in-law (Younger brothers wife) of the accused. After the incident, P.W. 2 Itri went to the house of Jeewna to call him for field. Jeewna was not present in his house and, therefore, she took Manki w/o Jeewna with her and both of them went to the house of Nariya, but Nariya was, also, not in the house and, therefore, Itri and Manki went to the house of Mangla and informed him about the incident and requested him for help. Mangla took Manji, Binjiya and Chokla with him and went to the house of Itri alongwith Itri and Manki. When Mangla, Binjiya and Chokla reached the house of Khatiya, Manek and Smt. Seeta were found succumbed to the injuries while Khatiya was still alive. The accused was, also, present in the house and was carrying on a Bansala as well as a peg. They sent Chokla to call Kasna. Kasna and Cholka came with a cot and thereafter Chokla, Manji and Kasna put Khatiya on the for and took him to the house if Kasna Mangla to lodge the FIR from where they were sent to police Out Post, Mangla and Binija went to Police Station, Peepalkhunt and lodged the report at about 8.00 a.m. The Police, after necessary investigation, presented the challan against the accused. The accused was tried by the learned Sessions Judge Banswara. The prosecution in support of its case examined eighteen witnesses and placed reliance over thirty-two document. The accused Sessions Judge, Banswara by his judgment dated August 23, 1985 convicted and sentenced the accused- appellant for the offence under Section 302 I.P.C.

(3.) The nature of the evidence produced by the prosecution consists of two eye-witness, namely, P.W. Itri (wife of the accused) and P.W. 3 Dhulki the sister-in-law of the accused, which is sought to be corroborated by the evidence of P.W. 1 Mangla, to whom Itri, immediately after the occurrence, gave information regarding the incident and called him for help. P.W. 4 Binjiya, P.W. 6 Kasna and P.W. 11 Manji are the persons who Khatiya to the house of Kasna. P.W. 12 Hakra and P.W. 13 Dharji are the persons who took injured Khatiya to the Government Hospital, Bansware. P.W. 7 Mohan Lal, P.W. 8 Waliya, P.W. 10 Hema and P.W. 14 Sajjan Singh are the four Motbir witnesses. P.W. 7 Mohan Lal came at the place of occurrence after hearing the voice of drum and at that time the accused was present there. He, alongwith the help of other persons, caught hold the accused and tied him with a rope. P.W. 8 Waliya is a motbir witness for the recoveries of the dead bodies of four persons. P.W. 14 Hema is a Motbir witness to the site plan, recovery of Bhansla and peg of the cot at the instance and on the information supplied by the accused. P.W. 14 Sajjan Singh and P.W. 13 Dharji are the witnesses to the Panchnama Lash Ex. P. 21 of the deceased Khetiya, P.W. 15 Jai singh A.S.I. Police, Police Station, Peepalkhunt, P.W. 16 Khushal Singh, P.W. 17 Deena Ram and P.W. 18 Dinesh Chandra are the four police witnesses. P.W. 15 Jai Singh is the A.S.I. Police, Police Station, Peepalkhunt, who registered the FIR and went at the place of the occurrence. He saw Khatiya lying in an injured condition and alongwith a Tehrir, he sent Khatiya to Banswasra for medical treatment. Before he could reach there, Head Constable Vishan Singh of the Police Out Post, Kantali, alongwith one Constable had already reached there and had sent Khatiya to Banswara for treatment. He prepared the site plan Ex. P. 2, site inspection memo Ex. P. 4, arrested the accused vide Ex. P.5, recovered his Dhoti and bushirt from the person of the accused which were found stained with blood and sealed them. He, also, recovered Bansla and the Peg vide Ex. P.7 at the instance and on the information supplied by the accused. Dead bodies of Rami Seeta, Manek and Kesar were, also, recovered vide Panchnama Lash Ex. P.12, Ex. P. 13, Ex. P. 14, Ex. P. 15, respectively. The dead bodies were sent for post-mortem examinations to the Government Hospital, Banswara. He, also, recovered the sample soil and sent all these articles for FSL examination to the State Forensic Science Laboratory, Jaipur, P.W. 16 Khushal singh was the Station House Officer, Police Station, Banswara on 17/9/1984, who prepared the Panchnama Lash of Khatiya through A.S.I. Sajjan Singh at the Government Hospital, Banswara, and sent all the relevant papers for further investigation to the S.H.O., Police Station, Peepalkhunt, vide Ex. P. 24. P.W. 17 Deena Ram was the constable posted at Police Station, Peepalkhunt, on 15.11.1984, who brought the sealed articles from Police Station, Peepalkhunt to the S.P. Office, Banswara, got them checked and thereafter took these articles for handing them over to the State Forensic Science Laboratory, Jaipur, for FSL examination and deposited the same there and took the receipt thereof. P.W.18 Dinesh Chandra was the L.C. Police working in the office of the Superintendent of Police, Banswara, in the Crime Branch on 15/11/1984 Eleven packets in sealed conditions relating to FIR No. 50 of 1984 were brought by Deena Ram LC, which were checked by him and were sent alongwith the forwarding letter for FSL examination to the State Forensic Science Laboratory, Jaipur, through P.W. 17 Deena Ram.