LALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D.B. Criminal Murder Reference No. 2 of 2007 pursuant to submission of the proceedings made under Section 366(1) of the Code of Criminal Procedure ('the Code' for short) alongwith two companion appeals being DB Criminal Jail Appeal No. 835 of 2007 and DB Criminal Appeal No. 838 of 2007 filed under Section 374(2) of the Code; one through authority and another through Advocate by appellant Lalaram (A1' for short) arise out of judgment and order dated 7.9.2007 rendered in Sessions Case No. 56 of 2006 by the learned Additional Sessions Judge (Fast Track) No. 21, Pali, by which Al is convicted for offence of murder of five persons under Section 302 of the Indian Penal Code ('IPC' for short) as well as under Section 201 and 380 IPC and sentenced to death and fine of Rs.100, in default of payment of fine further undergo rigorous imprisonment for one year for the offence under Section 302 IPC with a direction that Al should be hanged by neck till his death subject to confirmation by this Court; rigorous imprisonment for 7 years and fine of Rs.100 in default of payment of fine further undergo rigorous imprisonment for one year for the offence under Section 201 IPC, and rigorous imprisonment for 7 years and fine of Rs.100, in default of payment of fine further undergo. rigorous imprisonment for one year for the offence under Section 380 IPC, further directing that all the sentences were ordered to run concurrently. S.B. Criminal Appeal No. 772 of 2007 has been filed under Section 374(2) of the Code against the same judgment and order by appellant No.l Bhana Ram and appellant No. 2 Budha Ram (A2 & A3 for short), who have been convicted for the offence under section 411 IPC and both of them have been sentenced to simple imprisonment for three years and fine of Rs. 500, in default of payment of fine further undergo rigorous imprisonment for six months for the said offence.

(2.) As the Criminal Murder Reference No. 2 of 2007, the two companion appeals DB Criminal Jail Appeal No. 835 of 2007 and DB Criminal Appeal No. 838 of 2007 as well as SB Criminal Appeal No. 772 of 2007 arise out of the same judgment and order, this court, proposes to hear the reference for confirmation of sentence of death and the appeals preferred by all the accused together and to deal with the merit of the case against the accused in light of all the material questions of law as well as facts, and to adjudicate upon the guilt of the accused and appropriateness of sentence of death awarded to Al as well as three years simple imprisonment awarded to A2 and A3 by this common judgment.

(3.) The facts emerging from the record of the case, more particularly, as disclosed in FIR and unfolded during trial are as under: