Sethi, J. - (1.) The appellant was charged under Sections 302 and 326, IPC for having caused the death of four persons of a family, namely, Mr. Babani Charan Das, Assistant Engineer, PWD, Morigaon Division, aged 37 years, his wife Smt. Minati Das, aged about 30 years, their daughter aged 21/2 years and Ms. Smriti Rekha Das, sister of Babani Charan Das aged about 22 years. He was also charged to have caused injuries with the sharp edged weapon to Smt. Jayanti Das, the mother of the deceased No. 1 and Shri Rajen Hazarika, neighbourer of the deceased. On proof of charges, the trial Court convicted the appellant of the offences punishable under Sections 302, 326, 325 and 323, IPC. As he was sentenced to death under Section 302, IPC, the trial Court did not feel the necessity of awarding separate punishments for offences under Sections 326, 325 and 323, IPC. The trial Court submitted the entire proceedings to the High Court for confirmation of the sentence. The appellant also filed an appeal against the order of conviction and sentence passed by the trial Court. Both the Criminal Death Reference No. 1 of 1998 and Criminal Appeal No. 109 of 1998 were disposed of by the judgment impugned in this appeal by confirming the conviction and sentence awarded by the trial Court. Not satisfied with the impugned judgment, the appellant has preferred the present appeal in this Court.
(2.) We have heard the learned amicus curaie appearing for the appellant and the learned counsel for the respondent. We have also perused the record and minutely examined the evidence led in the case. The report recording mental state examination of the appellant has also been examined by us.
(3.) Learned amicus curlae has submitted that as there was no direct evidence available in the case it would not be safe to convict and sentence the appellant for the offence of murder as has been done by the Courts below. We are not satisfied with this submission. It is generally believed and accepted that the witnesses may lie but the circumstances cannot. The trial Court has enumerated the circumstances appearing against the accused as under: "(1) On the fateful day, inmates of the house present were Bhabani Charan Das, his wife Minati Das, his only daughter Darathi Das and his sister Smriti Rekha Das and the accused Ramdeo Chauhan alias Rajnath Chauhan. Another inmate of the house, mother of Bhabani Charan Das was absent on that day. (2) All the four members of the ill-fated family were found dead and their dead bodies were lying in three different rooms in pool of blood and all the doors and windows of the house were closed and the front door was under lock to give an impression that inmates of the house had gone somewhere. (3) At that time, only alive person present in the house was the accused and no prudent person would believe that he had no knowledge that all the inmates of the house were lying dead inside the rooms. (4) Intentionally he gave false information to PW5 that all four inmates of the house were sleeping in their rooms. (5) When PW5 entered into the room and shouted seeing the ugly scene, she was attacked by the accused Ramdeo Chauhan alias Rajnath Chauhan. (6) Perhaps, if the handle of the spade would not have been broken during tussle there was every possibility of killing PW5 by the accused with the spade. (7) He also attacked Rajen Hazarika (PW1) when he went to save the old lady from his (accused) attack. (8) Conduct of the accused in attacking and assaulting PW 5 and PW 1 is another actor indicating his involvement in the ghastly crime. (9) The accused also led the police to recover the spade used in commission of the crime which was seized and exhibited in the Court. (10) Lastly, he confessed his guilt." ;