STATE OF RAJASTHAN Vs. RAJA

JUDGEMENT

(1.) The Murder Reference No. 3/95, D.B. Criminal Appeal No. 395/95 and D.B. Criminal (Jail) Appeal No. 404/95 arise out of the judgment dated 23.8.95 whereby the learned Addl. Sessions Judge, Hanumangarh sentenced accused Raja Ram to death and pay a fine of Rs. 5,000 under Sec. 302 Indian Penal Code. All of them are being disposed of by this common judgment. The case relates to the murder of five persons. Ramkaran (80) was the father, Mani Ram (30) was the brother, Revti (25) was the sister-in-law of the accused i.e. wife of Mani Ram and Rani (06) and Pappu (4) were the children of Mani Ram and Revti.

(2.) This heinous crime murdering five persons was committed in the evening of 19th Dec., 1989 in the Dhani of Mani Ram situate in Chak 8 BGP "B". The prosecution case is that there was some land dispute between Mani Ram and the accused and Mani Ram was intending to sell his land which the accused did not like and therefore on the fateful evening he murdered all the family members of Mani Ram and also his father by causing fire arm injuries. The FIR of the occurrence was lodged by Sahi Ram, brother of the accused on 20.12.89 at 7.15 a.m. in Police Station Sangaria on which C.R. No. 327/89 was registered. During investigation, the police inspected the site, collected the dead bodies of the deceased persons, prepared inquest memos, got the post mortem of the bodies done, interrogated the witnesses and arrested the accused. It is stated that the accused made disclosure statement and on his information a pistol and his blood stained clothes were recovered which were sent to the FSL for examination. It was reported that the Kamij and Payjama had stains of human blood and pistol was serviceable and the barrel residue indicated that the pistol had been fired. The police, after investigation submitted the challan. The prosecution examined PW 1 Chunnilal, PW 2 Surendra Kumar, PW 3 Vinod Kumar, PW 4 Nand Ram, PW 5 Guddi, PW 6 Sahi Ram, PW 7 Om Prakash, PW 8 Karnail Singh and PW 9 Dr. Mahabir Prasad Agrawal. Accused in his statement under Sec. 313, Cr. P.C. stated that he has been falsely implicated in the case. He himself entered into the witness box in defence as DW 1. The learned Sessions Judge, after hearing the parties found the charge under Sec. 302 Indian Penal Code proved against the accused on the basis of the circumstantial evidence produced in the case and sentenced him as above.

(3.) We have heard the arguments of learned counsel for the appellant and the learned Public Prosecutor appearing for the State-respondent and perused the record of the case.