STATE OF RAJASTHAN Vs. GANESH DAS

JUDGEMENT

(1.) The aforesaid reference has been submitted by the learned Additional Sessions Judge, Churu under Section 366(1), Cr. P.C. in respect of his judgment dated 18/04/1992 by which he has passed sentence of death against the accused Rajudas and Mahaveer. The aforesaid Jail Appeals Nos. 167/92 and 168/92 have filed by the accused Rajudas and Mahaveer and the Criminal Appeal No. 292/93 has been filed by all the four accused persons against the said judgment of the learned Additional Sessions Judge, Churu. By the said judgment, four accused persons have been convicted and sentenced as follows :

(2.) The facts of the case giving rise to the accused Ganesh Das of the village Khandwa (P. S. Ratan Nagar) (District Churu) are real brothers. A dispute over a way was going on' in between them and a fight took place in which Ganesh Das's son Hanuman Das was murdered. Laxman Das, his wife Bakhtawari and his sons Bhanwar Das, Bajrang Das and Ram 'Kumar were accused in Sessions case No. 22 of 1984 relating to the murder of Hanuman Das. 22/07/1986 was fixed in the case for the judgment. Laxman Das and his sons Bhanwar Das and Bajrang Das were convicted' under Section 304, Part II, I.P.C. and sentenced to rigorous imprisonment for 7 years only. Bakhtawari and Ram Kumar were acquitted. After hearing the said judgment, Bakhtawari (wife of Laxman Das) (deceased), Ram Kumar (deceased), Shanker Das (PW 19) and Shishupal (deceased), sons of Laxman Das, and Kashi Ram (PW 13) (brother of Bakhtawari) were returning from Churu to their village Khandwa in a camel cart. Jetha Ram Mali (deceased) also sat on the camel cart from the house of Meghji Mali, Churu. The same day at about 10 p.m., the said camel cart reached "Bid", in the vicinity of village Khandwa. The accused-appellants Ganesh Das, his wife Bhagwani and their sons Mahaveer and Rajudas had earlier hidden themselves there in the bushes. Ganesh Das and Rajudas were armed with BARCHHI, Bhagwani with GANDASI and Mahaveer with BHALA. On seeing the camel cart, they came out and attacked Bakhtawari, Ram Kumar, Shanker Das, Shishupal, Kashi Ram and Jetha Ram with their aforesaid weapons. As a result thereof, Bakhtawari wife of Laxman Das and Ram Kumar and Shishupal sons of Laxman Das died on the spot. Jetha Ram and Kashi Ram PW 13 were also seriously injured. Jetha Ram died the following day i.e. on 23/07/1986, in the hospital. Thereafter, all four accused persons came to the house of Laxman Das and the accused-appellants Rajudas and Mahaveer came inside it and attacked Chandrawati PW 12 wife Sections of I. P. C. under which convicted Sentence Awarded A. APPELLANT GANESH DAS. 302, I.P.C. Life imprisonment 302/34, I.P.C. Life imprisonment 302/120B, I.P.C. Life imprisonment 449, I.P.C. Life imprisonment 307, I.P.C. 10 years' rigorous imprisonment. 326/34, I.P.C. 7 years' rigorous imprisonment. 324, I.P.C. 1 year. 323, I.P.C 1 month's simple imprisonment. B. APPELLANT RAJU DAS. 302/34, I.P.C. Capital punishment. 302/34, I.P.C. Life Imprisonment. 302/120B, I.P.C. Life Imprisonment. 449, I.P.C. Life Imprisonment. 307/34, I.P.C. 10 years' rigorous imprisonment. 326, I.P.C. 7 years' rigorous imprisonment. 324, I.P.C. 1 year's simple imprisonment. 323, I.P.C. 1 month's simple imprisonment. C. APPELLANT MAHAVEER. 302, I.P.C. Capital punishment. 302/34, I.P.C. Capital punishment. 302/120B, I.P.C. Life Imprisonment. 449, I.P.C. Life Imprisonment. 307/34, I.P.C. 10 years' rigorous imprisonment. 326/34, I.P.C. 7 years' rigorous imprisonment. 324, I.P.C. One year. 323, I.P.C. 1 month's simple imprisonment. D. APPELLANT SMT. BHAGWANI 302, I.P.C. Life Imprisonment. 302/34, I.P.C. Life Imprisonment. 302/120B, I.P.C. Life Imprisonment. 449, I.P.C. Life Imprisonment. 307/34, I.P.C. 10 years. 324/34, I.P.C. 1 year. 323/34, I.P.C. 1 month. For each offence, fine of Rs. 100.00 has also been awarded. In default of payment of fine, the defaulter-convict is to undergo imprisonment for seven days. of Bhanwar Das, Teejo PW 15 and Kamla PW 14, daughters of Laxman Das and Mahendra son of Chandrawati. As a result thereof, Mahendra died on the spot and Chandrawati PW 12, Teejo PW 15 and Kamla PW 14 received serious injuries. Sarpanch, Gram Panchayat, Khandwa, Paras Ram PW 17 and others immediately took the injured Jetha Ram and Kashi Ram to the Bhartiya General Hospital, Churu and, therefrom, he intimated the Police Station, Kotwali, Churu about the said occurrence vide report Ex.P/102. Sub-Inspector Munshi Ram PW 25 came therefrom and recorded the statement Ex.P/65 of injured Kashi Ram at 2 a.m. during the night intervening 22nd and 23/07/1986. He sent it to the Police Station, Ratan Nagar (Churu) as the place of occurrence was in its area. On its basis, FIR Ex.P/93 was registered against the accused Ganesh Das, his wife Bhagwani and his sons Mahaveer and Rajudas under Sections 302, 307, 324/34 and 120B, I.P.C. Dying declaration Ex.P/104 of the injured Jetha Ram was recorded by Dr. S. K. Kaushik PW 3 the same night and, thereafter, he died the same day. Post-mortem examinations on the dead bodies of Bakhtawari, Ram Kumar, Shishupal, Mahendra and Jetha Ram were performed and injuries of injured Chandrawati PW 12, Teejo PW 15, Kamla PW 14, Shanker Das PW 19 and Kashi Ram PW 13 were examined by Dr. S. K. Kaushik PW 3. Inquest reports and description memos of the dead bodies of Bakhtawari, Ram Kumar, Mahendra, Shishupal and Jetha Ram were prepared and their photos were taken. Blood stained clothes of the injured Chandrawati, Teejo and Kamla were taken. Site plans of the places of occurrence were prepared and articles which were found lying were taken in police custody and their recovery memos were prepared. Accused Mahaveer, Rajudas, Mst. Bhagwani and Ganesh Das were arrested. Baniyans of male accused were found stained with blood and they were seized. They gave information under Section 27, Evidence Act and weapons of offence were recovered in pursuance thereof. Sealed packets were sent to the Forensic Science Laboratory, Rajasthan, Jaipur and report of the chemical examination was received.

(3.) After completing investigation, a challan was filed against all the four accused persons in the court of the Munsif-cum-Judicial Magistrate, Churu, who committed them to the court of the Sessions Judge, Churu. Charges were framed against all the four accused persons. They did not plead guilty and claimed trial. The prosecution examined (A) Smt. Banarsi PW 11 and injured Smt. Chandrawati PW 12, Kashi Ram PW 13, Kamla PW 14, Teejo PW 15 and Shanker Das PW 19 as eye-witnesses, (B) Petha Ram PW 1, Dula Ram PW 2, Bhagwana Ram PW 6, Indra Chand PW 7, Harish Chandra PW 8, Bhanwar Lal PW 18, Daya Chand PW 20 and Bhagdas PW 22 as attesting witnesses, (C) Dr. S. K. Kaushik PW 3, Dr. N. N. Bagri PW 21 and Dr. M. K. Pandey PW 26 who examined the aforesaid injured persons and conducted the post-mortem examinations of the aforesaid deceased persons, (D) Rameshwar Lal PW 4 and Purshottam Lal PW 16 Radiologists, (E) Malkhana In-charge Inayat Ali PW 9 who kept the sealed packets in the Police Station, (F) Constables Birbal Ram PW 10 and Sanwarmal PW 14 who carried the sealed packets, (G) Photogragher Yasin Khan PW 5 and (H) Amar Singh PW 23 and Munshi Ram PW 25 as investigating officers and tendered and proved 106 documents.