PANCHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 23/08/1985, passed by the Sessions Judge, Banswara, by which the learned Sessions Judge convicted the accused-appellant for the offence under S. 302, I.P.C. 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

(2.) 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. 245 of 1986, has been filed by the State for the enhancement of the sentence

(3.) On 15/09/1984, 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 Khatiya 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 PW 2 Itri (wife of the accused) and PW 3 Dhulki - the sister-in-law (younger brother's wife) of the accused. After the incident, PW 2 Itri went to the house of Jeewna to call him for help. 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 vent 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 along with 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 Bansla as well as a peg. They sent Chokla to call Kasna. Kasna and Chokla came with a cot and thereafter Chokla, Manji and Kasna put Khatiya on the cot and took him to the house of Kasna. Mangla and Binjiya went to police out-post, Ghantali, to lodge the FIR, from where they were sent to Police Station, Peepalkhunt by the in charge of the Police Out Post, Ghantali, as it was a murder case. From Ghantali Police Out Post, Mangla and Binjiya 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 documents. The accused did not examine any witness in defence. The learned Sessions Judge, Banswara, by his judgment dated 23/08/1985, convicted and sentenced the accused-appellant for the offence under S. 302, I.P.C.