STATE OF RAJASTHAN Vs. HEERA

JUDGEMENT

(1.) By his judgment dated Oct. 13, 1984, the learned Sessions Judge, Banswara has convicted the accused Heera under Ss.302 and 324, I.P.C. and sentenced him to death with a fine of Rs. 500/- and six months' simple imprisonment on the respective counts. He has submitted the proceedings under S.366(i), Cr.P.C., for confirmation of the death sentence. As usual, the accused has come up in appeal to challenge his conviction. We have, thus, two matters before us, namely (1) the reference for confirmation of the death sentence and (2) the appeal of the accused.

(2.) Briefly stated, the prosecution case, which is short and simple, runs as under :- Accused Heera was living with his wife Mst. Ratan, infant son Laxman and minor daughter Mst. Tulsi in village Anandpuri in district Banswara. Late in the afternoon of Sept. 29, 1983, the accused brought beef of the dead cow of P.W.9 Rattu Aadivashi and started cooking it in his house. Mst. Ratan was then sitting with Laxman in her lap near the door of the Kotha. She asked the accused why he had brought the beef. The accused got infuriated, took up a dagger lying beneath a cot nearby and struck numerous blows with it on the various part of her body, including the head, neck and chest. The infant Laxman who was in her lap, also, sustained one injury on his head. P.W.2 Mst. Tulsi, who was there in the house, tried to pacify the accused and made an attempt to catch hold of him. She also received an injury at the hands of the accused. She raised cries. Hearing her screams, P.W.3 Mst. Kuri, P.W.4 Gautam and P.W.8 Shanker came running on the spot and they tried to intervene, but the accused kept them away by pointing the dagger at them. P.W.1 Shanker, who is the brother of the accused, on being apprised of the incident by his wife P.W.5 Mst. Manni, came on the spot. He caught hold of the accused and tied him with a tree with the help of others. There was profuse bleeding from the wounds of Mst. Ratan and infant Laxman. Both of them passed away instantaneously on the spot. Shanker (P.W.1) immediately went to Police Station. Anandpuri and verbally lodged report Ex. P.1 at about 6.30 P.M. on the same day. The Police registered a case and proceeded with the investigation. S.H.O. Nathusingh (P.W.13) arrived on the spot and arrested the accused at about 11.00 P.M. The Baniyan and Dhoti, which he was wearing at that time were found stained with blood. They were seized and sealed. As night had overtaken, the investigating officer inspected the site on the next day, i.e. Sep. 30, 1983. He prepared the inquest of the dead body of Mst. Ratan and Laxman. Their blood stained clothes were seized and sealed. The blood-smeared soil from the place of occurrence was also seized and sealed. In consequence of the disclosure statements made by the accused on Sept. 30, 1983, the dagger and its handle were recovered. The various articles were sent for chemical examination and human blood was found on all of them, including the dagger. The autopsy of the dead bodies were conducted by Dr. Singhai (P.W.16). He noticed as many as 26 ante-mortem injuries caused by a sharp-edged weapon on the dead body of Mst. Ratan. The injuries were extensive on the various parts of her body. He also noticed one ante-mortem incised wound on the skull of Laxman. According to Dr. Singhai, the cause of death of Mst. Ratan was syncope due to haemorrhage from extensive multiple injuries. According to him, the cause of death of Laxman was come consequent to homicidal head injury. The post-mortem examination reports prepared by him are Ex- P.28 and Ex. P.29. On the completion of investigation, the police submitted a challan against the accused in the court of Munsif and Judicial Magistrate, Kusalgarh, who in his turn committed the case for trial to the Court of Session. The learned Sessions Judge framed charges under Ss.302 and 324, IPC against the accused, to which he pleaded not guilty. In support of its case, the prosecution examined 16 witnesses and filed some documents. In defence, the accused adduced no evidence. In his statement recorded under S.313, Cr.P.C. the accused admitted that he had killed his wife and infant son. Virtually, he admitted the entire occurrence. He, however, stated that Mst. Ratan was a woman of easy virtues. On the conclusion of trial, the learned Sessions Judge found both the charges duly brought home to the accused. The accused was convicted and sentenced as mentioned at the very out-set.

(3.) We have heard the learned Public Prosecutor and the learned amicus curiae. We have also gone through the case file carefully. We shall first take up the appeal of the accused