STATE OF RAJASTHAN Vs. BALBIR SINGH

JUDGEMENT

(1.) D .B. Criminal Appeal No. 245/79 filed by Bholasingh and Balbirsingh, D.B. Criminal Jail appeal No. 246/79 preferred by Bholasingh and D.B. Criminal Jail Appeal No. 247/79 filed by Balbirsingh are directed against one and the same judgment of the learned Additional Sessions Judge No. 2, Hanumangarh whereby Bholasingh and Balbirsingh appellants were convicted under Section 302 IPC and each of them was sentenced to death subject to confirmation thereof by the High Court. The Additional Sessions Judge No. 2, Hanumangarh also has submitted the proceedings before us for confirmation of the sentences of death awarded by him to both the aforesaid appellants. This reference is D.B. Criminal Murder Reference No. 1 of 1979 The State of Rajasthan v. Balbirsingh and Anr. As the murder reference and the three appeals arise out of one and the same judgment of the learned Additional Sessions Judge No. 2 Hanumangarh and as common questions of Jaw and fact do arise for consideration in all of them, they are disposed of together by our one judgment.

(2.) THE prosecution story runs as follows : In the night intervening 25th and 26th June, 1977, Meetsingh and his son Bhagwansingh deceased were sleeping on their cots outside their house Gurdeep Kaur wife of Bhagwan Singh deceased was sleeping with -her mother -in -law Punjab Kaur deceased in the court yard inside the house, Both the appellants, namely. Bholasingh and Balbixsingh who had gone to sleep on the cots in the court -yard inside the house at some distance from the cots of Gurdeep Kaur and her mother -in -law. Some time before 3 or 3.30 A.M. Gurdeep Kaur aroused from sleep when her husband's brother Balbirsing appellant struck a 'kassi' blow on the body of he mother -in -law Punjab Kaur. She saw Bholasingh appellant also striking a blow on the body of Punjab Kaur with a 'gandasi'. She tried to rescue her mother -in law bit Balbirsingh appellant pushed her aside she claimed to have seen her father -in -law Meet Singh and her husband Bhagwansingh also being murdered by both the appellants with the weapons in their hand, Gurdeep Kaur raised an outcry which attracted Bhagwan Kaur to the place of occurrence. At the sight of Bhagwart Kaur both the appellants ran away from there, On hearing her cries Angrej Lumberdar and Karatra Ram Sikh came there and ran after the appellants but they could not overtake and apprehend them Kartara Ram then rushed to the house of Suja along with Balvir, Bhima and Angrej Lumberdar informed him about the three murders Suja came to the spot and was informed by Gurdeep Kaur that the two appellants had killed Meet Singh, Bhagawnsingh and Punjab Kaur with 'kassi' and 'gandasa'. Then Surja accompanied by one Nathu rushed to the field of Gurdeosingh PW 5 and informed him about three murders committed by the appellants. Upon receiving the above information Gurdeo Singh left, his field and hurriedly rime to the place of the incident. He saw Meetsingh, Bhagwansingh and Punjab Ksur lying dead on their cots having multiple injuries en their bodies. Gurdeosingh saw Gurdeep Kaur weeping by the side of the dead bodies. She related the whole of the incident to Gusdeosingh PW5 who then rushed to the Police Station Sangaria making a first information report of the incident to the police. Gurdeo Singh reached the Police Station at 6 A.M. the very day and lodged a verbal report of the occurrence with Sitaram Incharge Police Station Sangaria The report is Ex. P.1 In the report it was further alleged that the motive on the part of the appellant to commit three murders was that Balbirsingh appellant wanted 15 Bighas of land in excess of his share from his father Meet Singh deceased while the latter had given him his due share i.e. 10 Bighas of land only upon partition that took place a few days prior to the occurrence. On the basis of the report, Sitaram registered a criminal case under Section 302 IPC and took up the usual Investigation into the matter.

(3.) THE doctor conducted an autopsy on the dead body on Bhagwan Singh son of Meet Singh also. Upon examination he found the following external injuries on his body: (1) One incised wound 3' x 1 ' x 2' just below the right ear. 3' x ' bone deep on the right occipital region transverse in direction. (2) One incised wound 4' x 1 ' x 2 ' just below the right ear enterio -posterior in direction (3) One incised wound 3' x ' x 1 ' just below the right mandibular region right side neck antere -posterior in direction. (4) One incised wound 3 ' x 1' right side neck just below the Injury No. 3 and is 2' deep. (5) One incised wound 2 'x 3/4' x 1 ' right side neck middle part lateral aspect and anterio -posterior in direction. On dissection there was extravasation of blood in the region of injury No. 1 with cut fracture of occipital bone along the wound. Membranes were cut along the wound and there was haemorrhage inside. There was extravasation of blood in the occipital brain tissues with cut 2' x 1/4' x 3/4'. Both sides of hearts were empty. Large neck vessels i.e. carctiod arteries and veins were cat in the region of neck wounds. Stomach contained slight mucus and remains of some digested food. Small intestine contained digested food and gas. Large intestine contained faecal matter and gas. All the neck muscles on the right side neck were cut leaving aside the posterior ones. There were cut marks on the third fifth and sixth curvical vertebraa on the arch right side. In my opinion death was due to sharp edged injuries on the skull and neck causing extensive injuries to brain haemorrhage and shock. All the injuries were ante mortem and were sufficient to cause death in ordinary course of nature.