RAM DEO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by Ram Deo, Bal Dev Chandani and Ramesh against the judgment of the Additional Sessions Judge, Churu dated the 25th of September, 1983, convicting all of them under Section. 302/34, Indian Penal Code, and sentencing each of them to rigorous imprisonment for life. All of them were further convicted under Section. 380/34, Indian Penal Code, and each of them was sentenced to two years' rigorous imprisonment. They were also convicted under Section 460/34, Indian Penal Code, and each of them was sentenced to two years' rigorous imprisonment. All the sentences were ordered to run concurrently. The deceased Bhanwarlal was post master of Sujangarh in November, 1981. He resided in the resi dential quarter attached to the post office. The case of the prosecution is that on the night intervening 10th/ 11th November, 1981, all the accused Ramdeo, Ramesh and Baldeo, along with Yaqub approver (P. W. 1) entered in the residential quarter of Bhanwarlal post master at Sujangarh and Baldeo appellant killed him by inflicting blows by the axe (Article 2) and then all of them entered in the Post Office, opened the look of the safe lying there and took away five insured covers and some cash out of which four insured covers contained Rs. 7,400/- in currency notes. Bhan-warlal was working as Post Master at the post office, Sujangarh from August/september, 1960. Ramdeo appellant was working as Telegraph signaller-cum-clerk in the Telegraph office from July/august, 1981 which was in the same office. Ramesh appellant and Yaqub appellant were two boy messengers. Ramesh was previously working at Ratangarh post office and was transferred to Sujangarh post office on the 1st of November, 1981. Yaqub approver was also serving at the post office for sometime, the exact date of his appointment being not on record. Ramesh was residing on or about the date of murder in the quarter attached to the quarter of the Post Master. The roofs of the quarters of Ramesh and the Post Master were at the same level and were accessible by two separate staircases. A person from the quarter of Ramesh could have access to the quarter of the Post Master from the roof. Yaqoob resided with Mohammad Hassan (P. W. 18) who was a Head Constable at the Police Station, Sujangarh. He also cooked food the Head Constable and gave tuition to Sarwa (P. W. 2) the son of the Head Constable. Baldeo Chandani was a Telephone Operator at Ratangarh and he came on the morning of the 10th of November, 1961 on relieving duty at the Telephone Exchange Sujangarh.

(2.) IT is alleged by the prosecution that Ramdeo was not on good terms with Bhanwarlal post Master as he objected to the boy messenger Kishan employe at the Post Office serving as a private servant at the quarter of the Post Master. The prosecution evidence is that once or twice there were altercations between Bhanwarlal and Ramdeo, sometime before the occurrence on that account. After the altercations, it is said that Ramdeo once expressed in the presence of Yaqoob that Bhanwarlal was proud and had grown insolent and he could be taught a lesson within two minutes and that he (Ramdeo) was a resident from Rewari where people do not wash their hands and eat their bread even aiter murder. This incident is said to be of about a fortnight before the date of murder. The prosecution case further is that Baldeo Chandani, Ramdeo and Ramesh entered into a conspiracy to murder Bbanwarlal on the 10th and 11th of November, 1981 when Bbanwarlal was to be found alone in his quarter, his wife and children having gone to Sardarshahr. Yaqoob was also made a party to this conspiracy by Ramdeo and Ramesh; it may also be mentioned that Baldev Chandani had taken his lunch with Bbanwarlal postmaster on the day of Murder. The only evidence of the conspiracy is the testimony of Yaqoob. His evidence on this point is that after 7. 00 p. m. of the night of murder, Ramdeo and Ramesh came out of the post office and sat on a bench, while he remained standing nearby. Ramdeo asked Ramesh; What is to be done about that matter? Ramesh told that whatever was to be done must be done that night, otherwise the children of the Post Master could come. This excited the curiosity of Yaqoob and he asked Ramesh: "what is the matter"?. Ramesh replied that it was nothing. Ramdeo however, said that nothing should be hidden from Yaqoob as he was their own man. Thereupon Ramesh said that the Postmaster was to be set right. Ramdeo then told Yaqoob that they should go to cinema. Thereupon Yaqoob replied that be had seen the picture running at the Cinema and he had to teach the son of Hasan Khan. Ramdeo thereupon asked him to come to Ramesh at the post office at 10. 00 p. m. to which Yaqoob did not agree. Ramdeo, however assured Yaqoob and asked him to come and remain standing outside the post office as whatever was to be done will be done by him and his other companion he and Ramesh. Yaqoob has not given any evidence on the point how Baldev Chandani joined this conspiracy. The prosecution case further is that Ramdeo, Baldev Chandani and Ramesh and one Pyarelal went to the cinema in the first show on that night and returned from the cinema at about 10 p. m. There is divergence in the prosecution evidence as to what happened on their return from the Cinema. Yaqoob approver's story however, is that after 9 p. m. he reached the Post Office. Sometime after reaching the Post Officer he saw the Postmaster going into the Post Office at about 10. 00 O'clock. After a short while, Ramdeo and Chainroop, another boy messenger aged about 13 years, employed in the Post Office also came there. Ramdeo directed Chainroop to shut up the door. Thereafter Ramdeo and Chainroop sat down on a beach. Yaqoob also went to them. Baldev Chandani was also coming from the Telephone Exchange. Yaqoob was informed by Ramdeo that Baldeo Chandaai was also in the conspiracy. There, after Chandani told how the Job was to be accompli-shed and thereupon Ramdeo told that Chainroop had not slept and that they should allow Chainroop to sleep and then it will be opportune time. All of them then went for a walk to the Naya Bazar and returned and went to the quarter of Ramesh. After sometime they went to the Post Master's quarter by the staircase from the roof. Ramesh noticed that Chainroop was sleeping covering himself with a cloth. Thereupon Chandani asked what ar. rangements were made. Rimdeo said "a stone may be picked up and he may be hit by it. " Baldev said that this was not proper as the victim may raise hue and cry and the police Station was so very near. Baldev Chandani's eyes fell on an axe which was lying where the Post Master was sleeping and which is shown as Room No. 13 in the steplan (Ex. P/3) prepared at the instance of the Deputy Superintendent of Police. The handle of the axe did not exactly fit into the blade and a pen was inserted in it by Baldev to make the axe tight. Baldev Chandani then went near the room of the Postmaster and knocked the chain of the door. The postmaster came out yawning. He came in the adjoining room which is Room No. 10 on the plan and there it is said by Yaqoob that Baldev Cbandanf gave a blow of axe and the Post Master fell down. Further 2/3 blows were given by the axe on the deceased by Baldev Chandani. Thereafter Baldev suggested to his companions that leaving the matter thus would not be proper and it will be better that some money was also stolen so that an impression may be created that dacoits had come to rob the post office and ran away with the money. Ramdeo directed Ramesh to bring the keys of the safe from the room of the post master. Ramesh said that he could not. Thereupon he directed Yaqoob to bring the keys and then Yaqoob brought the keys from behind a radio and we at into Room No. 10. Ramdeo then directed Yaqoob to go into the post office and put off the light. Thereafter Yaqoob went inside the post office, opened the safe and took out the insured letters and put them in his bag. All of them then came out and again went to room No. 13 where there was a gadda lying and there were also two cots, with beddings spread over them. The insured covers were torn off on the gadda. One of the insured cover contained currency notes worth Ra. 4,000/ the second cover had Rs. 2. 001)/. the third had Rs. 1 000/- the fourth had Rs. 300/ -. The con-tents of the iif th insured cover are not detailed by Yaqoob. All this money was put in a handkerchief belonging to Ramesh and entiusted to Yaqoob to be kept by him in his custody. The case for the prosecution further is that Ramesh went to his quarter and slept there, Baldev Chandani went to the Exchange and slept with Jogeshwar (P. W. 10) another Telephone Operator and Yaqoob went to the police station where he slept in the Kothri of Mohammed Hussau, who had gone on duty. The next morning when Chainroop woke up he found the postmaster murdered. He at once went to Ramesh and informed him and a report was lodged by Chainroop at 6. 45 A. M. on the 11th of November, 1961. Alisher Khan (P. W. 20) who was in charge of the Police Station at that time, proceeded to the place of the occurrence after recording the report. Finding the matter serious he made a trunk call to the Superintendent of Police, at Churu. The Superintendent of Police directed that the post office may be kept closed as he and the Deputy Superintendent of Police were coming. They reached at 1. 30 P. M They conducted the investigation. They found a blood stained axe (Ex. 2) lying near the mail box which was in the post office, from near the safe. They also found a clear footprint near the safe which had already been covered by Alisher Khan by a balti. There were also certain footprints found in Room No. 13 and one footprint was on the back. The Police officers also inspected the quarter of Ramesh where they found a blood stain on the cemented floor of the verandah. A portion of the cement stain* ed with blood was taken The investigation by these officers, however, proved fruitless. Under orders of the competent authority the investigation was then entrusted to the Criminal Investigation Department and it was conducted by Bal Chand, Circle Inspector (P. W. 28) from February, 1962. A strange thing, however, took place on the 31st of Match, 1962 when Hassan (P. W\ 4) a packer in the Post Office found a bundle when he was taking out certain forms from beneath an almirah. He handed over the bundle to the then Post Master--Cyani Ram and it was discovered that the packet contained currency notes of the value of Rs. 7,460/ -. The currency notes were wrapped up in -a handkerchief Ex. 1 which according to the prosecution belonged to Ramesb. The culprits were still not traced. According to Yaqoob ne, however, had qualms of conscience and he decided to divulge everything to the Deputy Inspector-General of Police, Thakur Jaswant Singh. He, therefore, submitted to him a written application (Ex. D/2) in which he narrated the whole incident on the 5th April, 1962. He was arrested on the 5th of April and was produced before the Sub-Divisional Magistrate, Ratangarh for making a confessional statement on the 6th of April, 1902, He made the confession (Ex. P/91) on the same day. All the appellants had been then arrested on the 5th of April, 1962. The blood stained axe (Ex. 2) and the piece of cement flooring were sent to the Chemical Examiner and he found them positive for blood. The report of the Serologist, however, is that it could not be traced whether the scrapings from the axe and its handle and the scrapings from the cement floor were of human origin or not. The handkerchief (Ex. 1) along with other handkerchief was placed before the Tehsildar and Second Class Magistrate, Sujangarh and Jogeshwar and Chalnroop picked up the handkerchief (Ex. 1), the case of the prosecution being that these witnesses were able to identify it to be of Bamesh at the trial. The finger and footprint Expert Of the Government of Rajasthan reported that in his opinion the footprint marked 'q' which had been traced on the glass. sheet from the mark found near the safe tallied with the right footprint of Yaqoob approver. He also gave the opinion that 'q I' another footprint which was traced from the footprint mark found in Room No. 13 tallied with the upper portion of the left foot of Baldev Chandani. Yaqoob was granted pardon under the orders of the District Magistrate, Churu by the Sub-Divisional Magistrate on the 12th July, 1962,

(3.) ALL the three appellants were challaned before the Magistrate, First Class, Ratangarh and they were committed to the Additional Sessions judge, Churu to stand their trial under Ss, 302, 460 and 380 read with Section 34, Indian Penal Code. It may be mentioned at this stage that Yaqoob approver was not examined by the committing magistrate as required under Section 337 (2), Criminal P. C.