SUKH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused appellant (herein after referred to as `accused') who faced trial before the learned Additional Sessions Judge No. 1, Alwar, for having killed his wife Dhan Bai and two daughters Lalita and Laxmi, was convicted and sentenced vide judgment dated September 28, 1999, under Sections 302 and 326 IPC to respectively suffer imprisonment for life and fine of Rs. 100/- (indefault to further suffer rigorous imprisonment for fifteen days) and three years simple imprisonment and fine of Rs. 100/- (in default to further undergo fifteen days simple imprisonment ). THE sentences were directed to run concurrently. Against this judgment jail Appeal bearing No. 102/2000 has been preferred by the appellant seeking set aside of the impugned judgment whereas the State of Rajasthan in another appeal No. 748/1999 has prayed to award death sentence to the appellant.

(2.) WE may straightway proceed to state, with brevity, the case of prosecution presented for our scrutiny. On August 19, 1997 the accused and informant (PW. 1) were the tenants in a house belonging to Ramchandra (PW. 5) situated in Vishwakarma Colony Alwar. Around 6. 30 AM on that day Vijay Sing Ward Member (PW. 7) telephnically informed police control room about the murder committed in the house of Ram Chandra. On receiving the information Bhagwan Das SHO PS MIA rushed to the house of Ram Chandra where at 7. 45 AM informant Laxman handed over Bhagwan Das a written report to the effect that on August 18, 1997 around 8. 30 PM while the informant and his co-brother (Sadu) Ananda were sitting in the chowk, the accused came out of the room and started hurling abuses. On being objected by informant, the accused gave knife blow on the head of informant and when Ananda intervened he was also caused injury with knife by the accused. The accused then went back to his room and bolted it from inside. Informant got his injury bandaged and slept in the chowk. At about 3. 30 AM informant heard alarming cries coming out of room of the accused to the effect "mar Diye - Mar Diye (done to death - done to death ). The informant knocked at the door but it was bolted from inside. Around 6 AM many people including Ram Chandra, Ram Kishan, Gokul, Panna, Hazari and Chandra were gathered and implored the accused to open the door. The door got unbolted and accused came out of the room. On being asked by Ram Chandra to enter into compromise about the incident occurred on the previous night, the accused stated that he had done his job and killed his wife and children. All the persons, who were present there, then entered the room and found Dhan Bai (wife of the accused), Lalita and Laxmi (daughters of the accused) lying dead in the pool of blood. Body of Lalita was lying on the cot whereas bodies of Dhan Bai and Laxmi were on the floor. The information about the incident thereafter was communicated to Vijay Ward Member. On the basis of said report the police registered the case under Sections 302 and 323 IPC and investigation commenced. After usual investigation charge sheet was filed and in due course the case came up for trial before the Learned Additional Sessions Judge No. 1 Alwar. Charges under Sections 302, 307 and 323 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the statement under Section 313 Cr. P. C. , the accused claimed innocence. No witness in defence was however examined. Learned Additional Sessions Judge No. 1 Alwar after hearing final submissions convicted and sentenced the accused as indicated herein above.

(3.) WE may first deal with the evidence about the extra judicial confession. The evidence in this respect consists of the testimony of Laxman (Pw. 1) Arun Gogna (PW. 2), Ram Chandra (PW. 5), Hazari (PW. 6), Vijay Singh (PW. 7) and Rajni (PW. 8 ). Supporting the facts stated in the written report Laxman deposed that on the day of the incident around 8 PM while he was sitting near the boundary of his rented room, the accused who was also the tenant, threatened him and inflicted knife blow on his head. When his co-brother Ananda intervened, the accused gave knife blow on his head also. Around 3. 30 AM, he heard cries to the effect "mar Diya Re-Mar Diya Re". At 6 AM his land lord Ram Chandra, brother Hazari and other persons gathered and purusaded the accused to open the door. The accused then opened the door and came out of his room and said that he had killed his wife Dhan Bai and daughters Lalita and Laxmi, Arun Gogna (PW. 2), Ram Chandra (PW. 5), Hazari (PW. 6), Vijay Singh, Ward Member (PW. 7) and Rajni (PW. 8) corroborated the testimony of Laxman. At this juncture it will useful to recapitulate the legal position about the extra judicial confession.