STATE Vs. AATMA RAM

JUDGEMENT

(1.) The instant Death Reference No.2/2017 and Cr.Appeal No.33/2018 filed by the accused on death row arise out of common judgment dated 3.11.2017 passed by learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No.14/2014 whereby, the accused Atma Ram, Omprakash, Leeladhar and Shrawan Kumar were convicted for the offences under Sections 302/149 I.P.C. and were sentenced to death.

(2.) The Reference for confirmation of the death sentence has been instituted at the instance of the trial court whereas, the represented Appeal has been filed by the accused through counsel Shri Moti Singh for assailing the conviction and sentences awarded to them.

(3.) At the outset, Shri Moti Singh Advocate representing the appellants vehemently and fervently urged that the entire trial is vitiated because the trial court recorded statements of a large number of prosecution witnesses without ensuring presence of the accused in the proceedings. He urged that indisputably, the accused were in custody. Referring to the statements of the material prosecution witnesses i.e. P.W.1 Chandu Ram and P.W.2 Chandrakala, recorded by the trial court on 28.10.2014, Shri Moti Singh urged that the trial court deferred the cross-examination of these witnesses by putting the following note upon the objection of defence counsel:-