RAJU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 17-9-84 passed by the learned Sessions Judge, Balotra, whereby the convicted appellants Raju Ram and Vazir Mohd. for the offence u/ S. 302, I.P.C. and sentenced each of them to life imprisonment and further convicted them for offence u/Ss. 460 and 404, I.P.C. and sentenced each of them to rigorous imprisonment for seven years and three years respectively and further directed that all the substantive sentences shall run concurrently.

(2.) Briefly the relevant facts are that the deceased Bastimal aged 75 years and his wife deceased Sua aged 70 years were residing in their house situated in village Patodi. They had only one daughter P.W. 4 Mangi Bai, who was living with her husband in the town of Pachpadra. They had no other issue. It is alleged that on 10/05/1983, P.W. 7 Mohanlal, who was the nephew of deceased Bastimal in distant relation and who was running a grocery shop in village Patodi, while going to the noticed that the door of Bastimal's house was closed. Mohanlal, when returned after answering the call of nature again found that door of Bastimal's house was closed. Thereupon, he knocked the door and called Bastimal, but there was no response. The door was bolted from inside. He thereupon peeped through the crevices of the door. He was shocked to find that the dead bodies of Bastimal and dhretuyyy Sadsfmt. Sua were lying in pool of blood on their cots. Both legs of Smt. Sua were chopped off and one chopped off leg was lying in between her thighs. also did not find the silver 'Kadlas' in her legs, which Smt. Sua used to put on. Thereupon Mohanlal went to P.W. 9 Roop Chand and P.W. 1 Champalal and narrated them what he had seen. Thereafter, he proceeded towards Police Station, Mandali, but in the way at village Korna, he came to know that the S.H.O. had come there. Therefore, he submitted a written report Ex. P. 8 to P.W. 21 Yasin Khan, S.H.O., P.S., Mandali on the same day at 11 a.m. On interrogation, he informed Yasin Khan that Smt. Sua also used to put on gold madaliyas' around her neck, nose ring and gold tontiyas (tops in her ears), gold 'borla' with chains and gold plated 'bungaries' in her hands. Yasin Khan directed P.W. 18 Bhur Singh Head Constable, who was accompanying him to go to Police Station, Mandali and to get the case registered for the offences u/ Ss. 302, 449 and 458, I.P.C. Bhur Singh reached the Police Station on the same day at about 12.30 p.m. scribed formal FIR Ex. P. 28 and after registering the case sent the F.I.R. to Yasin Khan. Yasin Khan reached the place of occurrence at about 1 p.m. He found that the door of Bastimal's house was bolted from inside. He, therefore, asked P.W. 6 Sukh Ram Constable to climb over the roof of that house by means of a ladder, go inside and open the door. Accordingly, Sukh Ram opened that door from inside. Yasin Khan along with motbirs inspected the site and found the dead bodies of Bastimal and Smt. Sua lying on separate cots having extensive injuries on their neck abdomen and other parts of the bodies. Their clothes were soaked with blood. The blood was also lying scattered beneath their cots. Both legs of Smt. Sua were chopped off and one of the chopped off legs was found placed in between her thighs. Her silver 'Kadlas' and other ornaments were found missing. Inside the 'pol' (gate) and in the courtyard of the house, blood was found lying scattered at various places. On the left side, there was a small room (ordi). The lock of door of that room was lying open, wherein a key in the cotton string was fixed. That cotton string was also blood stained. Inside that 'ordi', the household utensils including canisters etc., were found lying scattered. Yasin Khan found one steel 'katori' and mirror lying in the courtyard (Angan) on which some chance finger prints were visible. Yasin Khan, thereupon seized and sealed the blood stained soils from various places, blood stained piece of cardboard, blood stained cloth bag, which was found in'pol', blood stained clothes which were found in the 'ordi' in separate packets and wrapped them in a cloth packet. He also seized and sealed the control samples of soil. He further seized and sealed the steel 'katori' and the mirror, which had chance prints, in a wooden packet and sealed those by wrapping a cloth thereon. During inspection of the site, he also noticed one foot print in the 'Sal' and another foot print in another 'Sal'. he also noticed that on the northern side of Bastimal's house there was a 'khejari' tree standing at a distance of 3 ft. 9 inches from that wall and that there he noticed two foot prints going towards the house and five foot prints going away from the house. He prepared a inspection note Ex. P. 7 having detailed narration about the various seizure of abovementioned articles. He also prepared the site plan Ex. P. 9. Yasin Khan after examining the dead bodies of Bastimal and Smt. Sau prepared their autopsy reports Ex. P. 10 and Ex. P. 11 respectively. The inspection of the place of the occurrence revealed that some culprits had scaled over the roof of deceased from the northern side was and come down in the house, where they had mercilessly butchered Bastimal and Smt. Sua causing them extensive injuries by sharp edged weapons.

(3.) P. W. 2 Dr. Pradeep Parakh, Medical officer, Govt. Hospital, Patodi conducted the post-mortem examination on the dead body of Bastimal on the same day. He found the following injuries :