STATE Vs. MOHANLAL

JUDGEMENT

(1.) THESE are three appeals and are directed against a judgment of the Sessions judge, Pali, by which he acquitted Munnalal and Mohanlal under Section 302 I. P. C. and certain other offences, and convicted Munnalal under Sections 411 and 201, i. P. C. and Mohanlal I under Section 411 and sentenced them to various terms of rigorous imprisonment and fine. Appeal No. 103 of 1953 has been filed by munnalal from Jail, appeal No. 117 of 1953 by Mohanlal through counsel against their convictions and sentences; and appeal No. 63 has been filed by the State and the contention is that the trial Judge should have convicted both the accused under Section 302 and not acquitted them thereunder. As all the appeals arise out of the same trial we propose to decide them by one judgment.

(2.) THE material facts are these. The deceased Bhallaram as also his wife Mst. Godawari are alleged to have been murdered on the night between the 2nd and the 3rd August, 1951. They lived in a house in the town of Pali. Bhallaram was a man of substance and did money-lending business on the security of gold and silver ornaments. The accused Munnalal lived in the same house as that of bhallaram but in the lower storey thereof, and carried on business of polishing gold and silver ornaments. The accused Mohanlal -- a tailor --carried on a tailoring shop nearby, opposite to Bhallaram's house. It is said that there was a staircase connecting the shop of Munnalal with the living apartments of Bhallaram, closed by a wooden plank which could be pushed aside without difficulty. The prosecution case is that on the night between the 2nd and the 3rd August, 1951, Munnalal and Mohanlal stabbed Bhallaram and his wife with a knife or a dasher, and broke open his boxes etc. and took away gold and silver ornaments and gold mohars and cash worth about Rs. 28,000/ -. It is said that in the early mornning of the 3rd August, 1951, both of them went to one Nyaria usman P. W. 21 and asked him to melt some silver ornaments. As Usman said that that would take a few hours and as the accused were in a hurry, they said that they would sell them rather than waste time, and thereupon usman purchased some of these ornaments for a sum of Rs. 1400/ -. As Usman had not all the money with himself, he raised part of it by pledging some of these ornaments with one Paharsingh, Munim of Lakmi Chand. It was then settled between the accused that Munnalal should proceed to Palanpur, and Mohanlal is said to have hired a tonga of one Gani P. W. 23 for the purpose and Munnalal left pali by the morning train at about 10 a. m. Mohanlal remained behind and was to follow and meet Munnalal at the Marwar Jn. Railway Station. Munnalal thereafter changed his mind and instead of waiting for Mohanlal, proceeded to Bombay. He reached Bombay Central Station at about 7 a. m. on 4-8-1951. As he was alighting at the station, he created some suspicion in the mind of constable Onkar Vaman P. W. 2 who belonged to the Bombay Central Police station and was on duty. Onkar Vaman interrogated Munnalal and his suspicions were confirmed. He looked into the bag which Munnalal was carrying. Munnalal lost his nerve and offered to bribe Vaman, and this left no doubt in Vaman's mind that the former was carrying stolen property. Vaman thereupon took him to his superior officer Sub-Inspector Nikam P. W. 1, and made a report Ex. P. 37 which is the real first information report. It was found that Munnalal was carrying on his person and in the bag ornaments of the value of Rs. 21,500/- approximately, and from certain disclosures made by him, it appeared that he and his friend Mohanlal, the other accused, had committed house breaking with, respect to the house of one Bhallaram son of Nathaji of Pali and they Bhallaram and his wife had also been murdered by them. Munnalal further promised to point out the house at Pali in which the dead bodies lay. Thereupon Sub Inspector Nikam started for Pali. On arrival there on the evening of 5-8-1951, he immediately contacted the police officers at Pali and lodged a report Ex. P-47 in the police station Pali at 10 P. M. which has been treated as the first information report, and it is said that Munnalal took them, to the deceased bhallaram's house, and there the lock of the house was broken open and the dead bodies of Bhallaram and his wife Godavari were found in a room on the first floor, which was also locked. The corpses were highly decomposed and bore stabbed wounds on the stomach. Mohanlal was arrested, and certain recoveries, which are not of a very material character, were made from him. The dead bodies of Bhallaram and his wife were subjected to a post-mortem examination by Dr. Ramesh Chandra P. W. 10, and he was of the opinion that both of them had received a number of stab wounds in their stomachs and the injuries must have caused instantaneous death. On 18-81951, mohanlal made a confession before the Sub-Divisional Magistrate, Pali to the effect that he and Munnalal had murdered Bhallaram and his wife, and removed all the gold and silver jewellery and cash and currency notes and that Munnalal had given him only Rs. 350/- and taken away the rest himself. On 21-8-1951, Munnakl also made a confession before the same Magistrate. In this confession he stated that on the night of 2-8-1951, Mohan had come to his shop and he woke him (Munnalal) up. Mohanlal said that he had murdered bhallaram and his wife and that he had removed all his jewellery etc. but Munnalal should not say anything about that to any one and Mohan would give him half of what he had stolen. The day dawned shortly afterwards, and they both went to nyaria Usman and sold 900 tolas of silver for Rs. 1400/ -. Munnakl admits to have taken this sum and then they went to Mohan's shop and the latter brought a tonga. He left for the station but Mohan did not come. Mohan had given him all the ornaments and said that he should proceed to Palanpur and dispose of them there and give half of the sale proceeds to Mohan. Munnalal then says that he was seized by greed and instead of going to Palanpur he proceeded to bombay. He further states that as soon as he was getting down at the Bombay station, he was arrested by the police and he gave out the whole story. He finally said that as he was under the influence of greed he did not disclose the fact of murder to anyone. In due course the police challaned both accused in the court of the Sub divisional Magistrate, Pali, under Sections 457, 392, 397 and 302 and 201, I. P. C. , by whom the accused were committed to the court of the Sessions Judge, Pali. The learned Sessions Judge has acquitted both of them under Section 302, I. P. C. and convicted them as already stated above.

(3.) MUNNALAL's defence is on the same lines as disclosed in his confession dated 218-1951. He admits to have been living as a tenant in Bhallaram's shop on Rs. 10/ p. m. and also that there was a staircase leading to Bhallaram's from that shop. He, however, denied to have taken any part in the murder of Bhallaram and his wife and laid the entire blame on Mohanlal's shoulders. He further admits that he and Mohan went to Usman early next morning, although here again he desires it to be believed that it was Mohan who took him there. They had received a sum of rs. 1400/- in lieu of the sliver ornaments sold to Usman, and Munnalal admits that mohan had given the entire sum to him. Mohan further gave gold ornaments to munnalal so that the latter might dispose of them and they might share the sale proceeds. This accused pretends to have protested when Mohan told him that he had secured the ornaments by murdering Bhallaram and his wife and to have gone to the lengh of throwing away the ornaments delivered to him. Thereupon he says that Mohan told him to be patient and that he was also following him whereupon he boarded the tonga which Mohan had brought for him and left Pali by the 10 O' clock train. Munnalal then further admits that instead of proceeding to Palanpur as arranged between him and Mohanlal, he proceeded to Bombay, and then confirms all what has been alleged by the prosecution except that he denies that he ever told the Sub Inspector of the Bombay Police that he knew where the dead bodies were lying or that he had given discovery thereof. So far as Mohan is concerned, he has denied his complicity in the crime and he has categorically stated that he had nothing to do with it. As regards the recovery of Rs. 382/-made from his house, his case is that it was his own money. Another recovery made from him was a gold 'bore' (Head ornament) and his defence was also that it belonged to his wife. He further denied to have produced any dagger as alleged by the prosecution. Finally he contended that the police had extracted a confession from him by torture and undue pressure and that that was not a true statement at all.