STATE OF RAJASTHAN Vs. LEMBA

JUDGEMENT

(1.) ACCUSED Lemba has been convicted and sentenced to death under Section 302, IPC by the Sessions Judge, Banswara by his judgment dated January 24, 1985. He has also been convicted under Sections 201 and 436, IPC and has been sentenced to two years rigorous imprisonment with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's like imprisonment on each count. The learned Sessions Judge has submitted the proceeding under Section 366(1) Cr. P.C. for the confirmation of the death sentence. As usual, the accused has come up in appeal to challenge his convictions and sentences. He has filed two appeals - -one through jail and the other represented. We have, thus, two matters before us, viz. (1) the reference for confirmation of the death sentence and (2) the appeals of the accused.

(2.) BRIEFLY stated, the prosecution case is as follows : The appellant and three wives (1) Kauri, (2) Khatri and (3) Dalli and three daughters (1) Babli (aged about 8 years), (2) Ramila (aged about 6 years) and (3) Resham (aged about three years) from Mst Dalli. He was living with them in his house situate in Mauja Chhoti Basti P.S. Gaddi district Banswara. As none of the wives could oblige him by bearing a male child, the accused became frustrated and a sense of hatred against them overtook him.

(3.) AT about 9.00 A.M. on November 25, 1983, PW 14 Gaffer Lal, PW 8 Shanker, PW 10 Pratap Singh and PW 12 Mani Lal were sitting at the workshop of PW 12 Mani Lal in village Aanjna. They saw the accused going in the way situate nearby. They told him as to where he was going and that the police was in search of him. It is alleged that the appellant made a confession before them to have killed his wives and daughters. They tried to catch -hold of him but could not. The accused took to heels and thus managed to escape. At about 8.30 A.M. on November 25, 1983 he was arrested in the forest. At the time of his arrest, he was wearing a Dhoti. Blood -stains were noticed on it and it was seized and sealed. At the time of his arrest, gold and silver ornaments (Articles 1 to 6 ) were found with him. These articles were also seized and sealed. In the test -identification, these ornaments were identified as those which were worn by the wives and daughters of the appellant. In consequence of the information furnished by the accused, Dantera (Hansiya) Article 7 was recovered from a well. The seized articles were sent for chemical examination and blood was found on most of them, but not on the Dhoti of the appellant and the Dantera recovered in consequence of his information. On the completion of investigation, the police presented a challan in the Court of Munsif and Judicial Magistrate, Banswara, who in his turn committed the case for trial. The learned Sessions Judge, Banswara framed charges against the accused under Sections 302, 436 and 201 of the Penal Code, to which he pleaded not guilty and demanded the trial. In support of its case, the prosecution examined 19 witnesses and filed some documents. In defence, the accused adduced no evidence. In his statement recorded under Section 313, Cr.P.C, he claimed absolute innocence. However, he admitted therein that gold and silver ornaments were found in his possession at the time of his arrest and that be was there in his house in the fateful night of 22nd and 23rd November, 1983. According to him, some unknown person had killed the victims and set fire to his house. On the conclusion of trial, the learned Sessions Judge, found all the three charges duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out -set.