STATE Vs. GIRDHARI LAL

JUDGEMENT

(1.) NANU Ram son of Ganeshji Salvi aged 35 years was a resident of village Amarpura, Tehsil Vallabhnagar falling within the jurisdiction of Police Station Kanod. During the night intervening February 15, and February 16,. 1985 NANUram, his wife Smt. Raji and his two sons Pappu and Gopal were murdered in his house in the said village and only his daughter named Bhaguri aged about one year was spared. In connection with the murder of NANUram, his wife and two sons, Girdharilal was charge sheeted, tried and found guilty by the Sessions Judge, Udaipur by his judgment dated June 2, 1987 for offences under sections 302, 380 and 460 I. P. C. The Sessions Judge, Udaipur has sentenced Girdharilal to death for offence under section 302 I. P. C. and has made D. B. Criminal Reference No. 3 of 1987 to this Court for confirmation of the death sentence. The Sessions Judge has also found Girdhari Lal guilty for offences under sections 380 and 460 I. P. C. and. has sentenced him for these offences to rigorous imprisonment for three years and five years respectively and also to a fine of Rs. 50/- each for the said two offences. Girdharilal has filed Jail Appeal No. 182 of 1987 against his conviction for all the three offences. This common judgment will decide both the Murder References as well as the Criminal Appeal filed by Girdharilal.

(2.) BEFORE we proceed further, it may be noted that deceased Nanuram was a co-brother of Girdharilal. Smt Champa P. W. 5 had three daughters. Her eldest daughter was Smt. Raji deceased. Her next daughter is Kastoori who was married to Girdharilal. Smt. Moti P. W. 2 and Smt. Naraini P. W. 7 were wives of Nanuranrs two brothers named Heeraji and Khemraj respectively. Smt. Champa P. W. 5 is mother of deceased Smt. Raji wife of Nanuram. Nanuram was son of the sister of Smt. Hiri's mother. Smt. Dhapi P. W. 6 was a neighbour of Nanuram. Smt. Mathri P. W. 21 was the wife of one Shanker and she was also resident of village Amarpura. Nanuram was maternal uncle's son of Rama P. W. 23 and Girdharilal was brother-in-law's son of Rama. Ratan Lal P. W. 11 and Chaina P. W. 24 were also related to Girdharilal. These were the relations of Nanuram and Smt. Raji deceased and that of Girdharilal accused who were examined as prosecution witnesses in this case.

(3.) THESE were the 14 pieces of circumstantial evidence which were held by the Sessions Judge to complete the chain as against Girdharilal and they were consistent only with his guilt and not with his innocence. Particularly emphasis was made by the Sessions Judge to the recovery of blood stained axe and blood stained wooden handle of axe recovered on the information and at the instance of Girdhari Lal from a place which was not at very great distance from the house of Nanuram deceased and that the axe and handle were found to be blood stained by the chemical Examiner and the group of the blood also tallied with the group of the blood of the deceased persons. The various silver articles recovered were identified in identification proceedings conducted by Shri Arvind Kumar Sharma, Munsif cum Judicial Magistrate Dhariyawad P. W. 35. During the identification proceedings Smt. Moti P. W. 2, Smt. Naraini P. W. 7 and Smt. Pyari P. W. 8 identified the silver articles as belonging to Smt. Raji deceased. Jeevan Ram P. W. 3 was Head Master of the Government Secondary School and according to him the coat Ex. 6 was issued to Nanuram deceased as uniform because Nanuram was employed as a class IV servant in that school. Hari singh P. W. 4 was also employed as a class IV servant in Government Secondary School Kanod and according to him coat Ex. 6 and pent Ex. 8 used to be worn by Nanuram deceased. The coat was issued to him as a livery from the school. According to the prosecution, various documents like Ex P. 2?/, Ex. P. /28 and Ex. P. /29, whereby Girdharilal got the golden "bor" changed into golden "murkies" sold golden 'murkies' so changed and pledged the silver' articles at Mandsaur, bear the signatures of Girdharilal.