STATE OF RAJASTHAN Vs. SUBHASH

JUDGEMENT

(1.) This murder reference has been made, by the learned Addl. Sessions Judge, Bhadra Dist. Hanumangarh, for confirmation of the death sentence, passed by him on the accused Subhash, vide his judgment dated 22.12.2008, passed in Sessions Case No. 19/2006, whereby he had convicted the accused for the offence under Sections 302, 397 and 460 I.P.C., while awarding death sentence for the offence under Section 302 also imposed a fine of Rs. 2,000/-, in default to undergo one year's rigorous imprisonment in the event of death sentence being not confirmed, then, for offence under Section 397 sentenced to 7 years rigorous imprisonment, and under Section 460 I.P.C. sentenced to imprisonment for life, and a fine of Rs. 1000/-, in default to undergo six months rigorous imprisonment. The accused has also filed appeals. Appeal No. 72/209 being the represented appeal, while Appeal No. 73/2009 has been sent from jail. In both those appeals conviction and sentences recorded against the accused have been assailed. Thus, all these three matters arise out of the same judgment, and are, therefore, being decided by this common judgment.

(2.) Brief facts of the case are, that on 30.7.2006 at 11 A.M. Shyam Sunder, PW-1 lodged a report at Police Station Bhadra, alleging that on that day at about 7-7.30 in the morning, while returning from Hanumanji temple after worshipping, when he reached the shop of Lalchand Mangaliwala, there police had come because there was a theft in the shop of Lalchand, and when the police people went upstairs in the process of investigation, he also followed them. It is then alleged, that adjoining Lalchand's shop there is house of his aunts, being Laxmi Devi and Sita Devi, wherein they were living all alone, and from the roof of Lalchand he happened to see towards his aunts' house, and saw that Laxmi Devi was lying on the roof. He then went near her, and found her dead. Then, he and police people came down from that roof, and found that in one room in the ground floor the house hold articles were lying helter-skelter, and found, that on the cot his other aunt was lying upside down, with face smeared with blood. Thus, some unknown persons have committed criminal trespass into the house of Laxmi Devi and Sita Devi, and has killed them, and has stolen away the goods. This report is Ex.P-1, formal F.I.R. whereof is Ex.P-2. Police, that very day commenced investigation, including got the post mortem examination of the two deceased conducted, collected one empty glass smelling alcohol, and having decipherable finger prints. Laxmi Devi was found tied with grey colour turban around the neck, which turban was taken into possession. Rs. 125/- cash, and one laminated paper, whereon some Mantra was scribed, broken pieces of bangles, and burnt ends of Bidis, were also taken into possession. One button smeared with blood, lying on the right side of Laxmi Devi was also taken into possession. Blood smeared clothes of the deceased were also taken into possession, site inspection notes and site plans were prepared. Then, after further investigation, including arrest of the accused, effecting recovery of various incriminating articles, at his instance and pursuant to his information, obtaining Forensic Science Laboratory reports, and getting conducted test identification of the articles recovered, charge-sheet was submitted for the offence under sections 458, 459, 397, 398 and 302 I.P.C. The case was then committed to the learned trial Court.

(3.) After hearing learned counsel for the accused, learned trial Court declined to frame charges for the offences under Sections 348, 459 and 398, and instead framed charges for the offences under Sections 460, 397 and 302 I.P.C. The accused obviously denied the charges. During trial, the prosecution examined 23 witnesses, and tendered in evidence 70 documents. In the statement under Section 313 Cr.P.C., the accused adopted stand of denial, and claimed to be innocent. He further stated, that he was arrested by the police only as a vagabond, and denied to have got recovered any article. However, no evidence was led in defence. The learned trial Court after so completing the trial convicted and sentenced the accused as above.