VINOD MAIHOTRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole appellant was tried, convicted and sentenced to death under section 302 of the Indian Penal Code (for short IPC) by the learnedT Additional Sessions Judge (Special Judge), Alwar in Sessions Case No. 128/93 (Old No. 42/92). The proceedings of the case has been submitted before this Court for confirmation of death sentence as required under section 366 of the Code of Criminal Procedure. Thus, we have before us the appeals of the appellant and the reference for confirmation of capital punishment.

(2.) At this stage, it would be appropriate to take stock of the prosecution case as unfolded by it for seeking conviction of the appellant. The story of the case relates to brutal murder off our persons closely related to the appellant. The deceased are appellants wife Smt. Kiran, his two months old daughter, father-in-law Shri Ram Prakash Verma and uncle-in-law Banarsi Das. The appellant was married to Smt. Kiran on March II, 1988 and from their wed lock they had two months old daughter only. At the relevant time, the appellant was working as Telephone Inspector in Telecommunication Department and lived in Quarter No.9 of P & T Colony. Alwar with his wife and the minor daughter. From various letters and other materials on record, it appears that the husband and wife had cordial and happy relations in the early 2-3 years of their marriage, but subsequently their relations became highly strained and tense. It is alleged that the wife Smt. Kiran was being subjected to harassment and cruelty by the appellant, his mother and younger brothers with a view to meet their unlawful demand of dowry. Before her death, Smt. Kiran wrote letters to her parents stating therein that she was highly perturbed for being harassed to bring a colour television and one lac rupees and that the demand was being made particularly by her mother-in-law and brother-in-law (Devar) for the marriage of her brother-in-law which was fixed on 1st February. The story further goes that Smt. Kiran sent a telegram to her father at Muzaffar Nagar, asking him to come at Alwar immediately. On receipt of the telegram, her father Ram Prakash and uncle Banarsi Das reached Alwar in the morning of 2nd January, 1992 and the incident, took place on the same day in night, wherein four persons aforesaid were murdered in a brutal manner in the appellant's quarter. According to the prosecution, the appellant and the deceased persons arid none else were in the quarter at the time of incident. The story is further unfolded that at 12.40 a.m. in the night of incident an anonymous telephonic message was received at Police Station, Kotwali, Alwar informing that some quarrel took place in quarter No.9 of P & T Colony and police be sent there immediately. The informant did not disclose his name. The telephone was attended by the Officer on duty Shri Rajendra Singh ASI, and the information was entered in Rojnamcha by literate Constable Dinesh Kumar. After 10 minutes, at 12.50 a.m. another telephonic message was received by ASI Rajendra Singh whereby information of four murders in quarter No.9 was conveyed to him. He was also informed that the murderer was in the quarter and he should reach at the site immediately to arrest him and that it was a golden opportunity for him to get promotion. This information was also entered in the Rojnamcha maintained at the Police Station. Thereupon, the ASI Shyamlal and Constables Manoj Kumar and Chandan Singh started for the place of incident and communication was also made at Police Station Aravali Vihar to send the SHO with police force at the site of Occurrence. At 12.52 a.m. in the same night, the SHO Shri Virendra Singh also received a telephonic call at Police Station Aravali Vihar asking him to reach at quarter No. 9 of P & T Colony if he wanted to get promotion. On enquiry the informant gave his name as Vinod Kumar Malhotra, who asked him to reach at the site immediately as some serious incident had taken place there. This information was also recorded in the Rojnamcha. Thereafter, the SHO Virendra Singh started with police force to the place of occurrence. Thus, on respective in formations, the SHO Virendra Singh and ASI Shyamlal simultaneously reached at quarter No.9 with police force. They found the door of the house closed. On knocking the door, the appellant opened the gate and disclosed his name as Vinod Kumar Malhotra. At that time he was smeared with blood extensively. The police officers found four dead bodies which were lying in the room in 8; pool of blood. Then, the appellant was taken to Police Station, Kotwali by the ASI Shyamlal and the house was put under supervision of a Constable after locking it from outside.

(3.) After reaching at the Police Station. ASI Shyamlal made a written report (Ex. P.36) at 1.45 a.m. stating factual aspects therein. On this report Crime No. 2/1992 was registered under section 302, IPC and a formal FIR (Ex, P.37) was chalked out by the SHO Gopal Singh. After registration of the case, investigation commenced and the SHO Gopal Singh immediately visited site of the occurrence alongwith ASI Shyamlal and other police personnels. However, he did not think it proper to inspect the site in night, as photographs of the site were to be taken and chance prints were to be obtained from there. The SHO Gopal Singh, then came back to the Police Station after giving necessary instructions to Shri Vinod Kumar SHO to preserve site conditions. He, thereafter, recorded statements of police persons who had visited the site of occurrence after receiving information on phone. The appellant was arrested vide arrest memo Ex. p .34 and blood stained clothes and dry blood were seized from his body vide Memo Ex. P.35. The articles were sealed in 4 packets. After sunrise, the SHO again came at the site of occurrence and minutely inspected it. He found dead body of appellants wife Smt. Kiran lying near main gate of the house in a pool of blood. The dead body of the appellant's father-in-law was lying on the cot and it was also smeared with blood. The dead body of appellant's uncle-in-law Banarsi Das was found in a sitting-pose near a wall, while dead body of the Baby was laying in the inner Verandah. On the dinning table, which was in the room, two papers written in red-ink, one pen, one screw driver and one knife were found lying. The entire room was in a pool of blood. Pieces of a broken chair, one wooden rod (Danda) meant for washing clothes and an Imam Dasta were also lying in the room and were smeared in blood. He prepared site-plan Ex. P.8 and seized the above articles vide Memo P. 18. Photographs of the site were-arranged to be taken by the photographers. Chance-prints were obtained from the site by Pratap Singh and Shri Anil Sinha, a photographer of Finger Print Bureau, who happened to be in the city on that day in connection with some other criminal case. Inquest reports of the dead bodies were prepared. On search of the clothes of Ram Prakash deceased, a purse, an Identity Card, a letter of reference written by General Secretary of All India Swarnkar Vikas Parishad, a telegram dated 1-1-1992,4 letters in red-ink written by the deceased Smt. Kiran and one letter of Dr. Suresh Kumar Singhal addressed to General Secretary/local M.L.A. of Alwar were recovered from a pocket of his shirt. East-mortem of dead budies was conducted by a Medical Board consisting of Dr. M.K. Gupta, Dr. K.K. Agrawal and Dr. S.S. Yadav. As per post-mortem reports, deceased persons had severe injuries with several multiple fractures of frontal, parietal and occipital bones. Smt. Kiran had also a cut-wound on her body. The baby was done, to death by strangulation.