Khalid, J. - (1.) The appellants Ram Narayan and his son Mahesh have been convicted under S. 302, I.P.C. and sentenced to death. They are the residents of village Hinota. They are alleged to have committed five murders on 21-6-1984 at about 6.30 p.m. The deceased are Puran Baraua, his wife, Narbad Bai, his mother, Mula Bai, his daughter Kumari Nanhi Bai and his neighbour Gulab. The learned counsel for the appellants tried to take us through the evidence to persuade us to re-appreciate it. The evidence has been considered minutely by the Courts below. Then he put forward a feeble right of private defence which has no substance. Then he made a fervent appeal before us regarding the sentence imposed.
(2.) It is useful to advert to one fact which has come out the evidence in the case. The root cause of the gruesome murder appears to be the marriage of a lady belonging to a higher caste with a Harijan boy. The High Court deals with it in paragraph 19 as follows: "19. It may be pointed out that it is clear from the evidence that the incident occurrence when the appellant Mahesh had broken the earthen pot of the deceased Narbad Bai at the well on the ground that the appellants treated Pooran and his inmates of the lower caste because Jankibai, one of the daughters of Pooran had taken a Harijan as her husband."
(3.) The High Court felt compelled to express its concern about the, evil of untouchability in para 18, at page 46, as follows: "It is unfortunate that evil of untouchability was still prevalent in some parts of our country even after 38 years of independence and 330 years of coming into force of the Untouchability Act, 1955, which evident by the facts of the instant case. Indeed it is a matter of great concern that very often there occur grave occurrence including group murders resulting into untimely death of innocent persons by those who still believe in touchability as their way of life. The present case is one of those gravest killings, and ghastly murders of five persons by the appellants who deserve condemnation by awarding severest punishment provided under the law.";