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2001 Supreme(Raj) 489
High Court Of Rajasthan
Judgename : Shiv Kumar Sharma,Khem Chand Sharma
State of Rajasthan - Appellant
Versus
Gopal - Respondent
D.B. Criminal Death Reference No. 1 of 2000
Decided On : 05/01/2001
Mr. S.R. Bajwa, Sr. Adv., Mr. V.R. Bajwa, Mr. Bin Singh, Mr. N.A. Naqvi and Mr. S.C. Gupta, for the
Appellant.
Mr. R.S. Agrawal, Public Prosecutor.
Mr. Jagdeep Dhankar, Sr. Adv., Mr. D.V. Tholia, Mr. D.S. Dhariwal and Mr. Sandeep Gaissa, for the
Respondents.
The judgment establishes the principle that the High Court must independently examine the entire evidence in cases involving serious offenses such as murder, causing hurt, and robbery.
Headnote:
IPC - Criminal Law - u/Sec. 147, u/Sec. 302, u/Sec. 436/149, u/Sec. 323, u/Sec. 324/149, u/Sec. 449, u/Sec. 395 - The High Court independently examined the entire evidence and found the accused guilty of various charges including murder, causing hurt, and robbery. The court also confirmed the death sentence of one of the accused. The case involved a brutal attack on a family resulting in the death of one member, robbery, and other violent acts.
Fact of the Case:
The accused were found guilty of various charges including murder, causing hurt, and robbery. The case involved a brutal attack on a family resulting in the death of one member, robbery, and other violent acts. The High Court independently examined the entire evidence and confirmed the death sentence of one of the accused.
Finding of the Court:
The High Court found the accused guilty of various charges including murder, causing hurt, and robbery. The court also confirmed the death sentence of one of the accused.
Issues: The case involved determining the guilt of the accused for various charges including murder, causing hurt, and robbery. The court also had to confirm the death sentence of one of the accused.
Ratio Decidendi: The court independently examined the entire evidence and found the accused guilty of various charges including murder, causing hurt, and robbery. The court also confirmed the death sentence of one of the accused.
Final Decision: The accused were found guilty of various charges including murder, causing hurt, and robbery. The court also confirmed the death sentence of one of the accused.
Shiv Kumar Sharma, J.-The appellants were the accused on the file of the learned Additional Session Judge Sambhar Lake, Distt. Jaipur bearing Sessions Case No. 45 of 1992. They were found guilty, convicted and sentenced as under:
1. Gopal2. Moolchand @ Murli 3. Sagar s/o Rekharam 4. Rameshar- Bhuvana 5. Nivan Ram 6. Molak
7. Rameshwar S/o Mana Ram 8. Bhola Ram 9. Jodha Ram 10. Sheo Ram 11. Babulal 12. Hira Lal 13. Chhittar
14. Ram Chandra 15. Banna Ram 16. Nathu Ram 17. Bhanwar Lal 18. Dana Ram 19. Surja Ram 20. Prahlad 2 Nanu Ram 22. Sagar S/o Murli 23. Mohan 24. Asha Ram 25. Jagdish
u/ IPC u 147 . Sec/ IPC u 302 . Sec/. S436/149 IPC u/Sec. 323 IPC u/Sec. 324/149 IPC u/Sec. 449 IPC u/Sec. 395 IPC u/Sec. 147 IPC u/Sec. 302/149 IPC u 436/149 IPC u/Sec. 323 IPC u/Sec. 324/149 IPC u/Sec. 449 IPC u/Sec. 395 IPCTwo years R.I. Sectence of death 10 years R.I. and fine of Rs. 10,000 (in default to further undergo one year R.I. One year R.I. Two year
R.I. Rigorous Life Imprisonment and fine Rs. 10,000 in default to undergo one year R.I. 10 year RI and fine o Rs. 10,000 (in default to undergo one year R.I. Two Year R.I. Rigorous Life Imprisonment 10 years R.I. and f of Rs. 10,000 (in default to further undergo one year R.I. One year R.I. Two year R.I. Rigorous Life Imprisonment and fine Rs. 10,000 in default to undergo one year R.I. 10 years R.I. and fine of Rs. 10,000/-(i default to undergo one year R.I.) All the sentences were directed to run concurrently but the sentences passed in default of making payment of fine were ordered to run one after the other. Accused Khinva Ram and Ladu Ram had died during the trial, therefore, proceedings against them were dropped. Proceedings against accused Sunda Ram being juvenile, were also dropped. Accused Rekha Ram, and Murli son of Sukhdev were acquitted of all the charges.
2. Learned Additional Sessions Judge Sambharlake made reference (bearing Death Reference No. 1/2000) under Section 366 Cr.P.C. for confirmation of death sentence awarded to accused appellant Gopal, who also assailed the findings of the learned Judge by preferring two appeals under Section 374(2) Cr.P.C. bearing Nos.
D.B. Cr. Jail Appeal No. 200/2000 and D.B. Cr. Appeal No.186/2000. Other 24 appellants also preferred appeals bearing Nos. D.B. Criminal Appeal No. 187/2000 and 182/2000. Bhoma Ram Sb Ramu Ram who was appellant No. 5 in D.B. Criminal Appeal No.187/2000 died on July 9, 2000 during the pendency of the appeal. Learned counsel Shri Bin Singh made an application to this effect along with the death certificate of Bhola Ram on March 28, 2001. We are satisfied that accused appellant Bhoma Ram son of Ramu Ram is dead, therefore, we drop the proceedings against him.
3. It is well settled that on a reference for confirmation of the sentence of death, the High Court is under an obligation to proceed in accordance with the provisions of Sections 366 and 368 Cr.P.C. The High Court must not only to see that the order passed by the Sessions Court is correct but also to examine the entire evidence itself independently of the Sessions Court’s appraisal and assessment of that evidence.
4. Bearing in mind the above principle we may straight-away proceed to state, with brevity, the case of the prosecution presented for our scrutiny. Written report (Ex.P. 1) came to be lodged by informant Nand Lal (PW.5) with the Police Station Renewal at 3.45 p.m. on Jan. 16, 1991 stating therein that as many as 60 persons armed with Pharsies attacked the house of his brother Dhanna Lal son of Narain Lal Jat of Basdi Khurd. They gave beating to Dhannalal, undressed the ladies, lit fire to the house and robbed his ornaments and property. An immediate intervention of the police was prayed for by the informant. Police Station Renewal registered a case bearing FIR No. 18/91 Under Sections 147, 148, 149, 436 393/323 1PC and investigation commenced. Head Constable No. 355 Gopal Sharma proceeded towards the place of occurrence. A look at the Inquest
