STATE Vs. BANWARI LAL

JUDGEMENT

(1.) The Additional Sessions Judge No. 2, Shri Ganganagar has initiated a reference under Section 366 (i) of the Code of Criminal Procedure for confirmation of death sentence imposed by him on accused Banwari Lal son of Nathu Ram of Suratgarh, District - Shri Ganganagar, having found him guilty of an offence under Section 302 of the Indian Penal Code for having caused the death of two of his younger brothers Baboo Lal and Harish Chandra by inflicting gunshot injuries on them. Accused Banwari Lal has also filed D. B. Criminal (Jail) Appeal No. 275/95 against his conviction under Section 302 I.P.C. and the death sentence imposed on him.

(2.) In view of proviso to Section 368 of the Code of Criminal Procedure, no order of confirmation of death sentence can be made until the appeal against conviction and sentence is disposed of. These two cases are therefore, heard together and are being decided by this common Judgement.

(3.) Chandra Kala (P.W. 2), widow of deceased Baboo Lal had lodged a First Information Report in Police Station - Suratgarh. The prosecution story as emerges from her statement is that accused Banwari Lal and deceased Baboo Lal and Harish Chandra were brothers. Accused Banwari Lal used to reside separately from them on the upper story of the same house whereas deceased Baboo Lal and Harish Chandra used to live jointly. Deceased Baboo Lal and Harish Chandra also used to live jointly till their agriculture land where accused Banwari Lal had a separate portion of the agriculture land. There was a tube-well in the agriculture land. All the three brothers had agreed to put up a Pump and the Motor on the tube-well jointly and agreed to share the expenses. Accordingly the equipment was purchased but accused Banwari Lal did not pay his agreed share even after a lapse of fifteen days. On August 17, 1991, when deceased Harish Chandra and Baboo Lal were irrigating their field in the evening, accused Banwari Lal declared that he would irrigate his field. Both the deceased brothers objected to his doing so on the ground that he had not paid his share in the amount spent on the equipment. Accused Banwari got enraged on this and fetched a double barrel gun from his house and started towards the field. Harish Chandra and Baboo Lal followed him. Seeing them following him, the accused declared that he will finish them that day and he fired one shot at Harish Chandra which hit him on the left side of the Chest. Deceased Baboo Lal tried to control the accused but the accused fired another shot at him which hit on the right side of the chest. Wives of Harish Chandra and Baboo Lal started crying and shouting. On this the accused ran away from the spot. In the meanwhile Sanjay son of the accused came on the spot and looking to the delicacy of the situation, went to Hardutt Singh Numberdar on Motorcycle. Hardutt Singh came on the spot in a Jeep, put both the injured persons in the Jeep along with their wives and took them to Government Hospital, Suratgarh but both the injured persons succumbed to the injuries on the way to the Hospital. Accused Banwari surrendered along with his gun on August 20, 1991 and was taken in custody. After investigation, the accused person was tried and convicted and sentenced as aforesaid.