STATE OF RAJASTHAN Vs. SHER SINGH

JUDGEMENT

(1.) Learned Additional Sessions Judge, Raisinghnagar has found guilty Sher Singh of offence under Section 302, I.P.C. for committing twin murders, one of his wife Kartaro and the other of his son Nanak. The learned Judge has imposed upon the convict the extreme penalty of death. He has made D. B. Criminal Reference No. 3/1992 for confirmation of the death sentence. Convict Sher Singh has filed D.B. Criminal Jail Appeal No. 387/ 1992, Whereby he challenges the correctness and legality of his conviction and the sentence passed upon him. The murder reference and the jail appeal have been heard together and are being disposed of by a common judgment.

(2.) The prosecution story is that Sher Singh was resident of village PM I. Smt. Kartaro was his legally wedded wife and Nanak Ram was his son. Nanak Ram was married to Smt. Veero (P.W. 2). Sher Singh owned about 25 bighas of land at village PM I. Three years prior to the alleged occurrence, Sher Singh divided his land and gave 10 bighas of the same to Nanak Ram and retained the remaining land with him. Sher Singh and Nanak Ram started separate cultivation of the two parcels of land. The appellant used to reside in a Dhani built on this land. On being separated, Nanak Ram built a separate Dhani on the land given to him and Nanak Ram and his wife Veero, (P.W.2) aforesaid started living separately from Sher Singh in this newly constructed Dhani. Sher Singh and his wife Kartaro did not enjoy good relations and hence Kartaro started living with her son and dauther-in-law on the new Dhani built by her son.

(3.) The prosecution case is that Veero (P.W.2) originally belonged to village 7 KND, where her parents used to live with their family. Veero was pregnant during the relevant period. Hence, on 7-6-1991 her mother Dhanno (P.W. 5) and brothers Dayal Ram (P.W. 3) and Pilla Ram .(P.W. 4) had come to visit her at village PM I. They had an overnight stay at the place of Veero. On the morning of 8-6-91 at about 7 a.m. Sher Singh came to the Dhani of Nanak Ram. Sher Singh was armed with a gun and also carried an axe. Veero was preparing tea at that time while Nanak Ram, Dhanna, Dayala Ram, Pilla Ram and Kartaro were sitting nearby. Sher Singh all of a sudden fired gunshots at Nanak Ram, killing him on the spot. He, then inflicted axe blows on Kartaro who fell down and started bleeding. Veero and her mother and brothers raised an alarm but nobody came there. Sher Singh, thereafter, walked , away towards his Dhani, with gun and axe in his hands.