STATE OF RAJASTHAN Vs. HEERA LAL

JUDGEMENT

(1.) This murder reference arises out of the Sessions Case No. 15/96 in the court of the Additional Sessions Judge No. 3, Jodhpur. Criminal Appeals have been filed by the accused who has been sentenced to death by the learned Judge, challenging both sentence as also the conviction under Sec. 302, I.P.C. With the insistence of the learned counsel for the defence and the learned counsel for the prosecution we have carefully scrutinised the entire record and have re-appreciated the evidence both documentary and oral as is on the record.

(2.) The prosecution story, stated briefly, is that on 25 Sept., 1994 when the milk vendor knocked the door of the house of the accused Heera Lal and got no response. He informed the fact to the adjoining premises owner Prem Jangid that no body opened the house of Heera Lal for receiving milk. Therefore, Prem Jangid went to the house of Heera Lal where he saw several persons gathered around the house of Heera Lal. He saw that Heera Lal was standing on the roof of his house brandishing a nacked sword stained with blood. He threatened to kill any person who dared to approach him. Therefore, Prem Jangid went to the Police Station, Udaimandir and lodged the first information report, on receipt of which the police arrived on the scene of offence for investigation. When the police reached the place of occurrence it was found by them that the accused was standing on the roof of his house armed with a nacked sword and he addressed the police and people assembled there that he would kill any body who would try to approach him. The investigating officer having failed to obtain surrender from the accused, broke opened the door of the house and entered into it and overpowered the accused and seized the sword by seizure memo duly executed at the site. The sword was found stained with blood. Thereafter several documents were executed by the police. The seizure memo of the dead bodies of Sukha Devi, Tara Devi and Mahaveer lying on the floor were also prepared. The dead bodies apparently disclosed multiple injuries probably caused by sword. Photographs of the dead bodies and the scene of occurrence were also taken. The accused was arrested. The matter was further investigated and on completion of investigation challan was filed. The learned Judge had examined earlier 26 witnesses as produced by the prosecution to prove the prosecution case and after recording the statement of the accused under Sec. 313, Crimial P.C. proceeded to holding the accused guilty of the offence under Sec. 302, I.P.C. and sentenced him to suffer death, as a result of which the reference as aforesaid is made. The accused has sent appeal from jail and another through his Advocate challenging his conviction and also sentence of death.

(3.) The matter was taken up by this Court for hearing earlier and it was found that the report of the Forensic Science Laboratory, Jaipur in relation to the weapon of offence and clothes seized by the investigating officer was not received. Therefore the record was sent back to the learned Sessions Judge with a directions to call for the report of the Forensic Science Laboratory, Jaipur in respect of the weapon of offence and the clothes seized by the investigating officer. Accordingly the report was received and the additional statements of the accused under Sec. 313, Crimial P.C. was recorded and the entire additional evidence was then transmitted to this Court.