STATE OF RAJASTHAN Vs. MANPHOOL

JUDGEMENT

(1.) THE appellant convict Manphool has been convicted by the Additional Sessions Judge Churu under Section 302, IPC for causing the murders of Smt. Shanti and Mst. Kamla and also under Section 307, IPC for attempting to murder PW. 1 Rameshwar. For the offence under Section 302, IPC be has been sentenced to death and the offence under Section 307 IPC he has been sentenced to four years rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine, further rigorous imprisonment for one week. It may be stated, here, that one Gopal was also tried along with the appellant for abetting the offence under Sections 302 and 307 IPC. He was charged under Sections 302 and 307 read with Section 109, IPC But he was given benefit of doubt and consequently acquitted.

(2.) AGGRIEVED by his convictions and sentences Manphool filed appeal to this Court which has been registered as D.B Criminal Appeal No. 40 of 1975. The learned Additional Sessions Judge has made reference to this Court for confirmation of death sentence.

(3.) ON 10th October, 1972 at about 7.30 a m. Rameshwar accompanied by his lather Dulichand, his uncle Harnarain his wife Smt. Shanti (deceased) and his sister Smt. Kamla (deceased) went to their field situated in village Rejari Duhchand went back to the village after about 10 to 15 minuses while the rest of them remained on the field. At about 9 30 am, the accused Manphool and Gap I came to Gopal's field, which is situated adjacent to the held of Dulichand and sat down in a hut (tapi). Gopal remained in the hut whereas Manphool came to Dulicband's field where Rameshwar PW. 1 was sowing grain and the two d ceased Smt. Shanti and Smt. Kamla, and PW/2 Harnarain were cutting the crop. After challenging Rameshwar, the appellant Manphool, who was armed with a 12 -bore double barrel gun, fired at Ramesh war, as a result of which Rameshwar received injury on left -hand palm near the thumb. At that time Gopal is also alleged to have come to the scence of occurrence and commanded Manphool to finish Rameshwar and his relations working in the field When Rameshwar stated running for his life, and the appellant was chasing him, the deceased Smt. Shanti und Smt. Kamla interrupted the assailant Manphool Manphool fired at Smt. Shanti who received injury in her neck and died at the spot. Smt Kemla while trying to save her brother Kameahwar, also received a gunshot wound in her abdomen, Man phool ran after Ra neshwar and fled twice at him, but both the fires missed the target. Rameshwar torn ran through the field of Moola Sarpanch PW. 6, where Moola's co -sharer Goopl Harijan PW/9 was working and took the way to village Ramsartal, and then from Rameartal, he went to Kishanpurabas there his maternal uncle Ranpat PW/7 was living. He resched Ranpat's house at about 1 30 p.m. Soon after, his father Dulichand P/8, having received information about the occurrence from one Chandgiram CW 1, also arrived there with the injured Smt. Kamla in a Jeep Accompanied by Moolaram PW/6 and Sheonath PW/5. From there the party left for Police Station, Rajgarh which is at a distance of 30 miles from the place of occurrence, but on the way Smt. Kamla expired PW/1 Rameshwar lodged first information report of he occurrence (Ex. P.11) with the SHO PW/11 Sumer Singh at Police Station Rajgarh at 3.15 PM Sumer Singh registered a case against the accused Manphool and Gopal under Sections 302 and 307 read with Section 109 IPC and sent Rameshwar as well as the dead body of Smt. Kamla to Rajgarh Hospital for medical examination. He went to the place of occurrence on 11th October, 1972 and recovered the dead body of Smt. Shanti and certain other articles including four empties, marked Articles 16 to 19, a pair of shoe alleged to be of Rameshwar, one B joliya, blood -stained earth etc. The dead body of Smt. Shanti was sent for post -mortem examination on the same day. Manphool was arrested on 15th October, 1972 in the jungle of village Gotta (vide arrest memo Ex. P/17). At the time of arrest, Manphool was carrying on his person a 12 -ore double barrel gun No. 82407, as also a bag (sic) eight live cartridges, and a licence of the gun The Station House Officer seized the gun as well as the bag (vide seizure memo Ex. P/18) Thereafter he sent the gun, toe empties and the live cartridges to the Direct recum -Chemical Examiner to the Government of India, Central Forensic Laboatory, Calcutta for examination The shirt and Dhoti alleged to be worn by Rameshwar were also taken possession of (vide seizure memo Ex. P/12). Thus, after the investigation was complete, both the accused were challaned in the Court of Munsiff Magistrate first Class, Rajgarh, who committed them for trial to the Court of Additional Sessions Judge, Churu.