Judgment

FAIZAN UDDIN, J.

(1) IN this appeal the appellant Akhilesh Hajam has challenged his conviction under Section 302 of the Penal Code recorded by the Sessions Judge, Rohtas, Sasaram in Sessions Trial No. 30 of 1981 for which he had been sentenced to undergo life imprisonment. The said conviction and sentence have been affirmed by Patna High court in Criminal Appeal No. 630 of 1982 decided on 30/9/1982.

(2) THE relevant facts leading to this appeal are that on 10/10/1979 at about 4.00 p.m. when Somaru Dusadh, Chowkidar of Village Dehiabad was going towards the east of Village Dehiabad and had reached near the house of one Kedar, goldsmith, he was informed by one Raja Singh that the appellant after committing the murder of his mother, sister, wife and a daughter had absconded. On receiving this information Chowkidar Somaru went to the house of the appellant where some persons had also assembled. The Chowkidar along with one Ram Dev went into the house and to his amazement he found the dead body of the mother of the appellant lying on a cot in a pool of blood in the courtyard of the house, having injury on her head. On the western side of the verandah which was used as a kitchen, he found the dead bodies of the wife and sister of the appellant lying smeared with blood having injuries on their respective heads. The daughter of the appellant was also lying injured but as she was alive she was taken to the hospital for treatment but she too died later. Chowkidar Somaru left his brother Narain Dusadh at the spot and also called Hanif Chowkidar of Village Nawadih to keep a watch over the dead bodies and thereafter he proceeded to the Police Station, Rohtas, where he lodged the FIR at 6.30 p.m. staling therein that he had learned that the appellant Akhilesh had killed the victims by assaulting them with an iron angle. According to the prosecution the appellant after committing the murders fled away towards Village Tumba and was caught near Tumba Railway Station and brought back home.

(3) THE Assistant Sub-Inspector of Police visited the place of occurrence and found the appellant at the door of the house where he had been kept by his father and some villagers. The Sub-Inspector from the behaviour and appearance of the appellant took an impression that he was under the influence of some intoxicant and, therefore, after arresting the appellant he sent him to Akbarpur hospital for his medical examination. The doctor who examined the appellant indicated in his report, Ext. 7 that there was no symptom of poisoning and the appellant was in normal mental state.

(4) ON interrogation by the Sub-Inspector of Police the appellant is said to have made disclosure statement with regard to the concealment of an iron angle which is said to have been used as a weapon in the commission of four murders. According to the prosecution the said iron angle stained with blood was recovered and seized from beneath the heap of wood stored for fuel purposes in a room of the house at the instance of the appellant. The Assistant Sub-Inspector of Police held local inspection and prepared inquest reports in respect of the dead bodies, seized the bloodstained earth and prepared a sketch map of the place of occurrence. Autopsy was conducted over the dead bodies and the reports were received.

(5) THE appellant was sent up for trial under Section 302 of the Penal Code. The appellant abjured his guilt and pleaded to be tried. The prosecution examined as many as 12 witnesses but they did not support the prosecution case. However, the trial court relying on the circumstantial evidence recorded the finding of guilt against the appellant and, therefore, convicted the appellant under Section 302 Indian Penal Code and sentenced him to suffer life imprisonment. The High court also found favour with the view expressed by the learned trial Judge and, Q therefore, affirmed the conviction and sentence.

(6) LEARNED counsel