RAM DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Ramdas was tried by learned Additional Sessions judge, Baran, under section 302, Indian Penal Code, for committing the murders of Heeradas and Ponran. Learned Additional Sessions judge found him guilty of double murders and sentenced him to death.

(2.) Both D.B. Criminal Reference No. 2 of 1979, State of Rajasthan Vs. Ramdas , made by learned Additional Sessions Judge for confirming the sentence of death, awarded to accused Ramdas, and D.B. Criminal Jail Appeal No. 276 of 1979, filed by accused Ramdas, arising out of the same judgment, are disposed of by one common judgment.

(3.) The facts giving rise to this appeal are that accused Ramdas was employed by Heeradas for looking after his land and for "Sewapooja". After some time on Jan. 16, 1978, Mehant Heeradas executed a document Ex P1 in favour of the accused appointing him as his 'Chela' and authorised him to get the cultivable land vacated from the tenants and take the same into his possession. The prosecution case is that in the month of March, 1978, some misunderstanding occurred between the accused and his 'Guru'. The 'Guru' then asked the 'Chela' to vacate the premises with bag and baggage. Naturally the accused did not like this attitude of the 'Guru'. The inter se dispute was referred to one Durga Shanker, who ultimately decided that Mehant Heeradas should pay Rs. 500.00 to the accused and in consideration thereof the accused should withdraw from the land and the 'Math'. As Mehant Heeradas did not have cash amount with him, he offered a bicycle and a Mare, which the accused did not accept. Durga Shanker suggested to the accused that Heeradas would give Rs. 500/. to him within 4 or 5 days after selling his bicycle and mare. Thereafter accused Ramdas and Heeradas (since deceased) came back to the 'Math' and started living in the same manner as they were living before. During the intervening night of 16th and 17th March, 1978, Mehant Heeradas (since deceased), his son Pooran (since deceased), PW 2 Geeta and younger sister Pushpa as well as the accused were sleepirg in the 'Math'. It appears that some verbal altercations took place between Mehant Heeradas and the accused in connection with his leaving the 'Math'. The accused got infuriated, took up an axe in his hand and chopped off the head of Heeradas and thereafter Heeradas's son Pooran was also assassinated. The occurrence is said to have been witnessed by PW 2 Geeta and Pushpa, children of the deceased, First information report of the occurrence Ex. P 2, was lodged with the Polite Station, Anta, on March 17, 1978, at 9.30 a m. by the accused himself. The distance between the place if the occurrence and the Police Station is about 11 miles. It is alleged that the accused went to the Police Station in the company of the two children of the deceased along with some of his own belongings. He produced them before the police and made a clean breast of his guilt and produced documents Ex. P 1. He also stated to the police that the dead bodies of Heeradas and Pooran were lying in the chowk of the 'Math'. Sub-inspector Shiv Singh (PW 4) arrested the accused and he after recording first information report and registering the case, rushed to the scene of the occurrence. Immediately on reaching the 'Math' the Sub-Inspector discovered the dead bodies of Heeradas and Pooran in consequence of the information Ex P 2 given by the accused. The recovery memo of the dead bodies is marked Ex P 7. The inspection memo is Ex P 4.