SEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is the case of strange infatuation, wherein the appellant alleged to have killed his wife and daughter aged 8-9 years on a trifle issue not with the victims but his own brothers. Quickly after the incident appellant made confession of the commission of the crime before P.W.I Majid Khan and later on P.W. 11 Dalu Ram. The appellant was arrested on the same day. His clothes stained with human blood which he was wearing at the time of arrest were seized. He made a discloser statement consequent to which weapon of offence namely axe and knife were recovered. On being charge sheeted he faced trial for offence under Section 302 I.P.C. The Court of Additional Sessions Judge, Deedwana held him guilty of offence under Section 302 I.P.C. and sentenced to imprisonment for life by the impugned judgment dated 6.5.2003. He has also been convicted for offence under Section 201 I.P.C. and sentenced to 2 years rigorous imprisonment. Admittedly, there is no direct evidence of eyewitnesses. The case of the prosecution is primarily based on extra judicial confession of the appellant coupled with discovery of the fact leading to the recovery of weapon of offence namely kulhari and knife. The another incriminating circumstance is of the presence of human blood on the clothes of the appellant. Prosecution has also relied upon the existence of motive which infuriated the appellant to commit the crime. With the assistance of the learned Amicus Curiae we have perused the critically scrutinized the entire evidence on record.

(2.) The conspectus of the case is that P.W. 12 Mohan Ram the brother of the deceased submitted a written report at Police Station Molasar stating inter alia that on 13.2.2002 he was being informed by P.W. 10 Surjana Ram and Parsa Ram that his sister Mst. Phepha and niece Miss Santosh were killed by the appellant by putting them to fire. On entering in the house he found that the dead bodies of his sister and the niece were lying in badly burnt condition. There was smoke in the house. The clothes of appellant Seva Ram were drenched with blood. On this information police registered a case for offence under Sections 302 and 201 1.P.C. and proceeded with investigation The police sent both the dead bodies for post-mortem. The post-mortem was conducted by a Medical Board consisting of three doctors. P.W. 6 Dr. Murad Khari has proved the post-mortem report of Mst. Phepha Ex. P 19 and of Miss Santosh Ex. P 20. It is stated by P.W. 6 Dr. Murad Khan that the Medical Board noticed the following injuries on the dead body of Mst. Phepha:

(3.) It is contended by Mr. Vinit Jain learned Amicus Curiae that extra judicial confession allegedly made by the appellant is not creditworthy. It is also submitted that appellant has been falsely implicated. On the other hand the learned Public Prosecutor has supported the judgment of the Trial Court.