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1983 Supreme(Raj) 534

RAJASTHAN HIGH COURT
M.C.Jain, S.C.Agrawal, JJ.
Panna Ram and Ors. - Appellant
Versus
The State of Rajasthan - Respondent
D.B. Criminal Appeal No. 493 of 1974.
Decided On : 16-11-1983

Headnote:

CRIMINAL - MURDER - SECTION 302, 34, 394, 397 IPC - FOUR PERSONS CONVICTED FOR MURDER AND ROBBERY OF A COUPLE - APPEAL AGAINST CONVICTION AND SENTENCE - EVIDENCE OF EXTRAJUDICIAL CONFESSION, RECOVERY OF BLOOD-STAINED ORNAMENTS, RECOVERY OF WEAPONS, AND RECOVERY OF BLOOD-STAINED CLOTHES EXAMINED - COURT HELD THAT THE CIRCUMSTANCES PROVED WERE SUFFICIENT TO CONNECT THE ACCUSED WITH THE COMMISSION OF THE OFFENCES AND DISMISSED THE APPEAL.

Fact of the Case:

Four accused persons were convicted for the murder and robbery of a couple. They appealed against their conviction and sentence.

Finding of the Court:

The court found that the evidence of extrajudicial confession, recovery of blood-stained ornaments, recovery of weapons, and recovery of blood-stained clothes was sufficient to connect the accused with the commission of the offences.

Issues: 1. Whether the evidence of extrajudicial confession was reliable and could be acted upon. 2. Whether the testimony of the witness who saw the accused persons near the place of occurrence was credible. 3. Whether the recoveries of blood-stained ornaments, weapons, and clothes were genuine and connected the accused to the offences.

Ratio Decidendi: 1. The court held that the evidence of extrajudicial confession was reliable and could be acted upon, as it satisfied the tests of reproduction of exact words, reason or motive for confession, and person selected in whom confidence is reposed. 2. The court found that the testimony of the witness who saw the accused persons near the place of occurrence was credible, as it was corroborated by other evidence and the witness had no reason to falsely implicate the accused. 3. The court held that the recoveries of blood-stained ornaments, weapons, and clothes were genuine and connected the accused to the offences, as they were made on the information and at the instance of the accused persons and were found to be stained with blood or human blood.

Final Decision: The court dismissed the appeal of the accused persons and upheld their conviction and sentence.

JUDGMENT

1. - The Sessions Judge, Sri Ganganagar. by his judgment dated 12.8.1974, convicted Panna Ram, Har Chand, Ram Chand and Surjaram under Sections 302/- 34 and 394/397, I.P.C., and sentenced each of them to imprisonment for life of each count. Both the sentences were ordered to run concurrently.

2. The prosecution case, in brief, is that the aforesaid four accused persons, who are Naiks by caste, were residing at Chunawat. The deceased Nathu Ram and his wife Rukma, were residing in their Dhani in the field situated at Chak 34 G.G. Nathuram bad no issue. Nathu Ram's brother Dula Ram, with his family, was residing at Chunawat. Nathu Ram and his wife were seen by Ganpat Ram (P.W. 1) on 26.9.1973. Ganpat Ram's son Madan Lal (P.W. 7) used to go to the Dhani of Nathuram for bringing Lassi. On 27.9.1973 as usual Madan Lal went to the Dhani or Nathu Ram in the morning at about 8. 30 for fetching Lassi. He found both of them lying dead. Rukma's dead body was lying on a cot in the Angan and Nathu Ram's dead body was lying on the floor. Rukma's legs were found cut. He returned back and informed his father Ganpat Ram at about 9.00, a.m. Thereupon Ganpat Ram along with Tulisram Jat, visited the Dhani of Nathu Ram and found both, Nathu Ram and his wife, lying dead. They observed that the legs of Rukma were cut lying separated on the floor and there were injuries with sharp weapons on the head, face and neck on the person of Rukma and Nathu Ram. Ganpat Ram went to the Police Station Chunawat, which is at a distance of two miles from Nathu Ram's Dhani, on 27.9.1973 and lodged a report at about 10.00, a.m. On his report a case under Section 302, I.P.C. was registered by Sadhu Singh, A.S.I. (P.W. 9). He visited the spot. He also called a tracker Pannaram. Footprints of four persons were observed, which went up to the strip of the canal. The foot-prints were not of bare foot, but were such as if the feet were tied with gunny bag or Bui. The moulds of four foot-prints were taken by memo Ex. P/14. He prepared Panchanama Lash Ex. P/4 and Ex. P/5) and Fard Surat Hal Lash (Ex. P/6 and Ex. P/7) and site plan (Ex. P/32) and site notes (Ex. P/32A). A Lathi was found on the neck of the dead body of Rukma lying on the cot and a Musal was also found near her cot. The bedding underneath the dead body of Rukma, Lathi (Art. 9) and Musal Article 10) were seized. The articles on the cot of Nathu Ram were also seized, although his body was found beneath the cot. Another Lathi (Art. 5) was also seized. Dr. M.P. Agarwal (P.W. 11) conducted the autopsy on the dead body of Nathu Ram and Rukma at the Dhani of the deceased in Chak 23 G.G. After post mortem examination, the clothes of both the deceased were seized. The accused Ram Chand was serving as Siri with Ram Chand (P.W. 4). On 5.10.1973 the accused Ram Chand with his father came to the house of the witness Ram Chand and the accused Ram Chand told the witness Ram Chand that he along with Panna Ram, Suraj Ram and Har Chand, had committed the murder of Nathu Ram and his wife for the sake of ornaments. For the arrest of the accused persons, Sadhu Singh, A.S.I., sent the police and they were brought to the Police Station, Chunawat on 5.10.1973 and their arrest was effected at about 5.00, p.m. At the time of their arrest of the accused, Panna Ram, blood was observed on his Chadar and shirt. Both of his clothes were seized and packed and sealed vide seizure memo Ex. P/21. Similarly, blood was found on the Chadar and shirt of the accused Surjaram, which were also seized vide memo Ex. P/23. Chadar of the accused Ram Chand was also found blood stained, so it was seized vide memo Ex. P/25. Blood was also observed on the Chadar and shirt of the accused Har Chand, which were also seized vide memo Ex. P/27. All the four accused persons gave information in respect of ornaments on 6-10-1973. The accused Ram Chand gave information Ex. P/35 in respect of golden Bujli and the Murat of Hanumanjee. Surja Ram also gave informati





















































































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