N.C. SHARMA, J.— Nanu Ram son of Ganeshji Salvi aged 35 years was a resident of village Amarpura, Tehsil Vallabhnagar falling within the jurisdiction of Police Station Kanod. During the night intervening February 15, and February 16, .1985 Nanuram, his wife Smt. Raji and his two sons Pappu and Gopal were murdered in his house in the said village and only his daughter named Bhaguri aged about one year was spared. In connection with the murder of Nanuram, his wife and two sons, Girdharilal was charge sheeted, tried and found guilty by the Sessions Judge, Udaipur by his judgment dated June 2, 1987 for offences under sections 302, 380 and 460 I.P.C. The Sessions Judge, Udaipur has sentenced Girdharilal to death for offence under section 302 I.P.C. and has made D.B. Criminal Reference No. 3 of 1987 to this Court for confirmation of the death sentence. The Sessions Judge has also found Girdhari Lal guilty for offences under sections 380 and 460 I.P.C. and. has sentenced him for these offences to rigorous imprisonment for three years and five years respectively and also to a fine of Rs. 50/- each for the said two offences. Girdharilal has filed Jail Appeal No. 182 of 1987 against his conviction for all the three offences. This common judgment will decide both the Murder References as well as the Criminal Appeal filed by Girdharilal.

2. Before we proceed further, it may be noted that deceased Nanuram was a co-brother of Girdharilal. Smt Champa P.W.5 had three daughters. Her eldest daughter was Smt. Raji deceased. Her next daughter is Kastoori who was married to Girdharilal. Smt. Moti P.W. 2 and Smt. Naraini P.W. 7 were wives of Nanuranrs two brothers named Heeraji and Khemraj respectively. Smt. Champa P.W. 5 is mother of deceased Smt. Raji wife of Nanuram. Nanuram was son of the sister of Smt. Hiris mother. Smt. Dhapi P.W. 6 was a neighbour of Nanuram. Smt. Mathri P.W. 21 was the wife of one Shanker and she was also resident of village Amarpura. Nanuram was maternal uncles son of Rama P.W. 23 and Girdharilal was brother-in-laws son of Rama. Ratan Lal P.W. 11 and Chaina P.W. 24 were also related to Girdharilal. These were the relations of Nanuram and Smt. Raji deceased and that of Girdharilal accused who were examined as prosecution witnesses in this case.

3. Hajari P.W. 1, who is also a resident of Amarpura arid whose house is at a distance of about a mile from the house of Nanuram, was going in the morning of February 15, 1985 to his field to fly away the parrots.. Pema Jat was also with him. In the way Mangu Salvi met them and told them that Nanuram has so far not got up from his sleep. Mangu Salvi apprehended the possibility of some thief having entered into the house of Nanuram for the reason that there was a wooden "theg" standing near Nanurams house. Some more village people has assembled and they asked that three or four persons may enter into the house of Nanuram. Thereupon Hajari P.W. 1, Pema and Laxman entered into the house of Nanuram through the roof of the house and found four dead bodies of Nanuram, his wife Smt. Raji and his two sons having injuries on their necks. Only one young daughter of Nanuram was alive and was weeping. These persons came out of the house and told about this fact to village people who had assembled there. Hamera P.W. 9 went to Jawan Singh P.W. 12 resident of village Malnawas which is at a distance of one K.M. from village Amarpura. Jawansingh was Sarpanch of Gram Panchayat Amarpura. Hamera P. W. 9 got a first information report Ex.P. 3 written from Jawan Singh Sarpanch and lodged it at Police Station Kanod on the morning of February 16, 1985 at 8.45 A.M. This F.I.R. was registered by Nahar Singh, Assistant Sub-Inspector of Police of Police Station Kanod and a case under section 302 I.P.C. was registered.

4. Mahadeo Prasad Yadav Deputy Superintendent of Police was posted at Dhariyawad. He undertook the investigation and went to the house of Nanuram in village Amarpura. He prepared a site plan Ex.P. 5

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