STATE Vs. SHANKARIYA

JUDGEMENT

(1.) ACCUSED-APPELLANT Shankariya has been convicted and sentenced to death by the learned Sessions Judge, Ganganagar by his judgment dated June 27, 1975, The learned Sessions Judge has made this reference for confirmation of the sentence of death. Accused Shankariya has filed an appeal from jail against his conviction and sentence.

(2.) THE facts of the case, in brief, are that First information report Ex. P/7 was lodged on September 9, 1973 at about 7. 30 a. m. by one Shyam Singh son of Balla Singh, It was alleged in the First Information Report that the informant went to the Gurdwara of village Takhat Hazari at about 7. a. m. for the purpose of grooming and burning incense. When he opened the doors of the Gurdwara and entered into it, he saw Mada singh lying on a cot, and was groaning with the pain. He saw three persons lying on three different cots. He went to the village and contacted Jagirsingh, Hari Singh, Sukhdarshansingh, Amar singh, etc. He returned to the Gurdwars, with these persons and saw that Kartar-singh son of Heerasingh was lying dead on the cot, and that he had injuries on his head. Madasingh and Wazirsingh were lying on the cot and had injuries, Both these prrsons were blind. Locks of the rooms in the Gurdwara were found broken and the goods were lying scattered. He then went to the police station accompanied by Jagirsingh and Sukhdar shan Singh. A case under Sections 302/ 360/459, IPC was registered and investigations commenced. Accused Shankariya was arrested on 3/6/1974 vide Ex. P. 56-A. On 10-111975, accused Shankariya was charge-sheeted to stand his trial under Section 302/307 and Sections 459 and 460, IPC, He was also charge-sheeted under Section 380, IPC. A confession of guilt by the accused Shankariya was recorded on 14-6-19-74 by the Munsiff and Judicial Magistrate, Baisinghnagar. The accused, however, retracted the confession and claimed to be tried.

(3.) THE prosecution examined 23 witnesses. Shri Bahadursingh, SHO, Thana Sadar filed an affidavit on 14-6-1975, but he was examined under Section 311, Cr. P. C, The accused did not lead any evidence. The learned Sessions Judge on June 27, 1975 convicted the accused Shankariya under Section 302, I. P. C. for the murders of Kartarsingh and Madasingh and sentenced him to death. He was also convicted for the offence under Section 307, I. P. C, for making the murderous assault on Wazirsingh and for the offences under Sections 359, 460 and 380, IPC for committing lurking house trespass by night in the Gurdwara. The learned Sessions Judge, however, did not prescribe any sentence for these offences as the accused-appellant Shankariya was condemned to death.