- (1.) N. S. Gupta, J. Here is an unfortu nate man Babu Lal named above who was convicted under Section 302, IPC and was scntneced to death for committing grue some murder of. his own wife, minor daughter aged about 13 years and minor son aged aout 15 years, on 12-1-94 at about 2-3. 00 a. m. in village Dongra Kalan. police station Narhat, district Lalitpur. The Sessions Judge, Lalitpur sub mitted the record of the case before this court for the confirmation of the death sentnece awarded by him to the accused appellant vide his order dated 27-1-98. The accused appellant feeling aggrieved by the said judgment and order of conviction has come up in appeal before this Court.
(2.) IT appears that the accused appel lant was a poor man. He was having a large family to support consisting of his wife, five sons and two daughtes. He was residing in village Dongra Kalan where his brother Kanchedi (PW-5) was also residing. He too was a poor labourer, but was having a large family consisting of six sons and four daughters. The accused ap pellant was having a small house consist ing of two rooms, a kitchen, a court-yard made of Khaprail and a pacca Kothri in the said village. On the fateful night of occurrene the accused appellant, his daughter Suman (deceased) and son Sunil were sleeping on the ground in one room. In another room his son Rakesh (deceased) Suresh, Naresh and daughter Sandhya were sleeping. There was a door in be tween these two rooms. A lantern was burning therein. His wife Smt. Leela was also sleeping. At about 2. 3 o'clock in the morning on 12-1-94, accused appellant and his wife were talking together in con nection with some documents about which they started quarelling. With the result that some of his children who were sleep ing in the two rooms also got up, The ac cused appellant took out a sword from inside his house and assaulted his wife Smt. Leela by means of the same and killed her. He then killed his daughter Suman and son Rakesh. He also attempted to kill his other children who covered themselves with Razai and escaped. On the next day in the morning Dinesh (PW-2) who was the son of the accused appel lant narrated this incident to his uncle Kanchedi (PW-5) who got a report Exh. Ka-1 about this incident written and lodged the same at the police station Narhat on 12-1-94 at about 10. 30 a. m. The police station Narhat lays at a distance of about 13 kilometre from the place of oc currence. S. I. Suresh Kumar Verma (PW-11) who was then posted at police station Narhat took up the investigation of the case in his hand. He immediately recorded the statement of Kanchhcdi right at the police station and rushed to the scene of occurrence where he inspected the dead body of the deceased Smt. Leela. Km. Su man and Rakesh. After preparing neces sary inquest reports and other papers S. I. Suresh Kumar Verma despatched these dead bodies through constables Ganga Charan (PW-7) and Tirath Raj for post mortem examination to the district Head quarter Lalitpur. He, thereafter, inspected the scene of occurrence and prepared site plan (Exh. Ka-3 ). He recovered blood stained and simple earth from the scene of occurrence and prepared recovery memos Ka-24, Ka-25 and Ka-26 about the same. He also inspected the lantern which was said to have been burning at the time of occurrence and after preparing supurdgi-nama of the same. He gave it in the su-perdgi of Kanchhedi (PW-5 ). He thereafter recorded the statement of Dinesh (PW-2) and other witnesses viz. Kishnu, Kallu, Balkishan, Dhoban, Banwarilal, Ibrahim, Prem Narayan and Gore Lal. He made search of the accused appellant but he was not available. On 15-1-94, he arrested the accused appellant at about 3. 30 p. m. near the crossing of Vani College, Lalitpur and on his pointing out he recovered the blood stained clothes which the accused appel lant was wearing at the time of occurrence and which consisted of Banyan Towel, pant and Bush- Shirt. He prepared recovery-memo Exh. Ka 8 about the same and ob tained the signatures of the accused appel lant thereon. He also recovered stained sword with which the accused appellant had kilhd his wife, daughter and son from a well near the temple of Hanumanji on the pointing out of the accused appellant in the presence of Parasadi (PW-10 ). Sri Prasadi (PW-10) had in fact brought out the said sword from the well on the point ing out of the accused appellant. The in vestigating Officer prepared recovery memo (Exh. Ka-9) about the said sword and had obtained the signature of accused appellant Babu Lal on the same. The In vestigating Officer found a number of in juries on the person of the accused appel lant which the accused Appellant sustained in the scuffle with his wife at the time of occurrence. The Investigating Officer, therefore, referred the accused appellant for medical examination to District Hospi tal. Lalitpur where he was examined by Dr. Suresh Sakhalya (PW-3) on 16-1-94 at about 2. 30 p. m. The doctor Suresh Shankilya found the following injuries on the person of the accused appellant: (1) L. W. 3. 5 cm. x 0. 5 cm x scalp deep on the mid line on head 14 cm. about (Rt) Lar clotted blood present with pus. (2) Abraded contusion 1 cm. x 1 cm. on middle of head. (3) Multiple L. W. 0. 5 cm. x 0. 5 cm x scalp deep to 2 cm x 0. 5 cm. x scalp deep in occipital region in area of 8 cm x 9 cm. (4) Incised wound 3 cm. x 0. 8 cm x mus cle deep on (Lt) palm just above root of (Lt) ring finger. (5) Incised wound 2. 5 cm. x 0. 5 cm. x muscle deep on outer part of Lt. palm. (6) Abrasion 4. 5 cm x 4 cm on the midle of back. (7) Abrasion 12 cm x 8 cm on the back near luted region. (8) Abrasion 2 cm x 0. 5 cm on back of Lt. fore-arm on middle. The Doctor opined that injury Nos. 4 and 5 were caused by sharp object like sword and that injury Nos. 1, 2, 3, 6, 7 and 8 were caused by hard/blunt object. Their duration was about 5 days. Dr. Suresh Shankilya also con ducted autopsy on the dead body of the deceased Smt. Leela on 13-1-94 at about 1. 30 p. m. that of Km. Suman at about 2. 30 p. m. and that of Rakesh at about 3. 18 p. m. and found the position as under: Deadbody of Leela The deceased was aged about 45 years and had an average body. She had expired about 1-1/2 days prior to the examination. Rigor mortis was present in the lower limbs only. Dr. Shankilya found the following ante-mortem injuries : (1) Incised wound 18. 0 cm x 3 cm x tra chea deep on left side of neck from chin to posteriorly oblique with cutting of underlying vessels, nerves and muscles. (2) Incised wound 6. 0 cm x 5,0 cm on right side of lower part which is cavity deep, loop of intestine was cut. The doctor opined that death of Smt. Leela was caused due to shock and haemoniiage resulting from ante-mortem injuries. Deadbody of Km. Suman The deceased was aged about 13 years. Her body was average built. She died about 1-1/2 days prior to the exami nation. Rigor mortis was present in lower limbs only. There was no sign of decom position. Dr. Shankilya found the following ante-mortem injuries on the person/person of the deceased: (1) Left hand was amputated from wrist joint. (2) Oblique through and through incised wound on (Rt) upto the root of the thumb on upper part of palm. (3) Incised wound 10 cm x 5 cm (Lt) side efface deep. (4) Incised wound 4. 0 cm x 2 cm x cavity deep with perforation of intestine with prolapse out-side. (5) Incised would 8-0 cm x 2. 0 cm x mus cle deep on left knee on outer side. The doctor opined that death was caused due to shock and haemorrhage re sulting from ante-mortem injuries. Dcadbody of Rakesh : The deceased was aged about 15 years and his death took place about 1-1/2 days prior to the examination. Rigor mortis was present in the lower limbs. His eyes were half closed. The doctor found the following antemortem injuries : (1) Incised wound 15 cm x 3 cm x bone deep obliquely on mandibular region on left side with mandible (lowr jaw ). (2) Incised wound 10 cm x 3 cm x muscle deep with culling of muscle, nerve, left carotid. (3) Incised wound 9 cm x 3 cm x bone deep on upper 1/3 of right hand with fracture of undrlying bone. (4) Incised wound 8 cm x 2 cm x bone deep just above injury No. 3 with fracture of bones. (5) Incised wound 5 cm x 2. 5 cm x bone deep just above wrist joint with fracture of radius and Ulna. (6) Amputation of left hand from fore-arm at level of just above wrist joint. The doctor opined that all the injuries of the tliree deceased were caused by a sword and were sufficient in the ordinary course of nature to cause death.
(3.) SUBSEQUENT investigation into the matter was conducted by S. I. Harihar Ram, the then S. H. O. Narahat w. e. f. 29-1-94. He recorded the statement of Kanchhedi. Parvat, Chhuttan. Naththu, Suresh Kumar, Kanhai, Daya Ram, Gayasi, Sobhran Singh, Ramkishan, Halke, Jangali, Shankar, Khilley, Magan, Prasad, Con stable Ganga Charan and constable Tirathraj Singh. He inspected the spot from where the sowrd used by the accused in the occurrence of this case was recovered on 30-1-94 and prepared site plan Exh. Ka 30 about the said place. He inspected that place from where the blood stained clothes of tbc accused appellant were recovered and prepared site plan Ka-31. He des patched the blood stained clothes and sword for cxaminationa and report by the Chemical Examiner and after concluding bis investigation submitted charge sheet Exh. Ka 32 against the accused appellant. After committal of the case to the Court of Sessions the case came up for trial before the Sessions Judge at Lalitpur who framed charges under Section 302/307, IPC against the accused appellant. The accused appellant pleaded not guilty and claimed trial. After needful trial into the matter the learned Sessions Judge convicted and sentenced the accused ap pellant as aforesaid, hence the reference in question and the appeal.;