MATHUR, J. - (1.) THESE two appeals are directed against the judgment dated 27. 10. 89 passed by the learned Addl. Sessions Judge, Bhilwara convicting the accused appellants Babu Lal and Madan Lal of offence u/s. 302, 120-B, 364 and 201 I. P. C. The appellants Kishna and Mohan have been convicted of offence u/s. 302/34, 120-B, 364/34 and 201 I. P. C. The appellants have been sentenced to imprisonment for life and to pay a fine of Rs. 100/-and in default of payment to further undergo 15 days S. I. The appellants have also been sentenced for offence u/s. 364 and 201 I. P. C. All the sentences have been ordered to run concurrently.
(2.) BEFORE stating the prosecution case, in traditional way, we propose to give a preclude to the incident as disclosed during the trial which in our opinion is necessary to narrate, since it serves as a strong motive, hetching the conspiracy for the horrifying crime executed in cruel manner. The appellant Kishan Rabari a resident of Budhpura was a mines owner. The appellant Babu Lal Darji (tailor) and appellant Madan Lal Sonar (Goldsmith) resident of village Bigod were the partners of Kishan Rebari in his mining business. PW/5 Bheru Lal and PW/6 Nathu Lal were the labourers on their mines. The appellant Mohan Maharaj used to practice Tantrik rituals. The appellant Kishan claims to have seen in dream that there was a hidden treasure in the Burge (cqtz) of the isolated and lonely fort of Devnagar which could be retrieved by pleasing the evil spirits for which they were required to perform the prescribed rituals by giving human sacrifice and offering fresh human blood. The appellant Kishan went to the village Bigod and disclosed this fact to his partners in mines business namely; Babulal and Madan Lal. Babu Lal suggested that Mohan Sharma, resident of Hingoria is a person who practise Tantrik rituals and, therefore, he should be called. Accordingly, Mohan Maharaj was summoned and they met at the residence of Babu Lal. All the four prepared the plan to retrieve the hidden treasure. The appellant Mohan Maharaj gave a list of essential articles for performing the rituals which included human blood, perfume, gram, Ghee & Golochan. Appellants Madan Lal and Babu Lal undertook the job of arranging fresh human blood by human sacrifice. Services of labourers PW/5 Bheru Lal and PW/6 Nathu were felt necessary for digging the ground. On 17. 11. 87 PW/1 Gopal Lal informed the Police that his son Pawan Kumar aged 4 years has disappeared from the school. He stated that his son Pawan Kumar had gone to the school alongwith his mother PW/21 Mst. Manju, who was also a primary school teacher in the same school. After lunch hour, he disappeared from the bus stand. The information was registered in the `rojnamcha. ' The search was made of the child but it did not yield any result. Thus, on 18. 11. 87 a written F. I. R. Ex. P/1 was lodged at police station Bigod. The police registered a case of offence u/s. 364 I. P. C. During the investigation on 21. 11. 87 Babulal, and Iqbal saw a body lying in the well in the field of one Hakim Ali a flour mill owner. The information was given to the police. The dead body was taken out from the well and it was identified to be of Pawan Kumar. The police registered a case of offence u/s. 302 I. P. C. Inquest was prepared and autopsy of the dead body was conducted. The Doctor opined that the deceased Pawan Kumar died due the head injury. The suspects were rounded up by the police and the appellants were thoroughly interrogated. The appellant Madan Lal and Babu Lal were arrested on 07. 12. 87 whereas the appellants Mohan Lal and Kishna were arrested on 08. 12. 87. After usual investigation police laid chargesheet against the appellants of offence under Sec. 302, 364, 201 and 120-B I. P. C. The appellants pleaded not guilty to the charges levelled against them and claimed trial. The prosecution in order to bring home the prosecution case against appellants examined 28 witnesses and produced certain documents. The appellants in their statement under Sec. 313 Cr. P. C. denied the correctness of the prosecution evidence appearing against them. Analysing the evidence, the trial court convicted and sentenced the appellants as noticed above. We have heard Mr. Doongar Singh, learned counsel for the Mohan Lal and Mr. Sandeep Mehta, amicus curiae for the appellants Babu Lal, Madan Lal and Kishna. We have also scaned, scrutinized and evaluated the entire evidence exhaustively.
(3.) PW/23 Dr. Manak Chand Kalal has stated that he conducted the post-mortem of the dead body of Pawan Kumar and prepared the post mortem report Ex. P/22. He found that there was a fracture on left parietal bone extending from the level pinna to midline. He also found a fracture on frontal bone in midline for 1 1/2". In his opinion, the deceased died due to head injury. Pw/1 Gopal Lal is the unfortunate father of the deceased child Pawan Kumar. He has stated that he and his wife had gone to their respective schools, as both were the teachers by profession. Pawan Kumar used to go to school with his mother. In the afternoon at about 2 p. m. his younger brother-in-law Shankar came to the school and give him information about the missing of Pawan Kumar. He went to the bus stand and other places in search of Pawan Kumar but, it did not yield any result. At about 6 p. m. he gave an oral information to the police about the missing of his son. He also stated that his younger son aged 4 years was wearing a white kurta and underwear of green colour. He was also wearing socks. On the next day, he submitted a written F. I. R. Ex. P/1 at the Police Station, Bigod. Pw/21 Mst. Manju is the mother of Pawan Kumar. She has given statement almost in the line of her husband Pw/1 Gopal Lal. Pw/3 Smt Kamla, the maternal grand mother of deceased Pawan has stated that Mst. Manju is her daughter. Her son Pawan often used to visit her. On the fateful day, he had taken food with her and then left for the school. He was not seen thereafter. She also stated that at that time, he was wearing a white Jabba and green underwear. He was also wearing socks. Pw/8 Mst. Geeta has stated that she knew Mst. Manju and her son Pawan Kumar. She had seen him at the gate of school at about 12 p. m. or 1 p. m. He was wearing a white kurta and green underwear. Pw/5 Bherulal and Pw/6 Nathu Lal are the important witnesses on the point of conspiracy of the alleged crime, and since defence has tried to brand them as accomplience, we have scaned their testimony with great circumspection. Pw/5 Bheru Lal has stated that after few days of Divali festival, he was called by appellant Madan Lal through one Bhanwar Lal as he did not report quickly, he was fired by him. He directed him to proceed to Budhpura mines on the next day. He stayed in the night at his (Madan Lal) residence. He saw that in the evening Babu Lal, Kishan, Mohan Maharaj and Nathu assembled, and then went to the house of appellant Babu. There appellant Kishna disclosed that there is a hidden treasure in the old fort. He inquired as to how he could know the said fact, on which, he stated that he has been given a message to that effect in dream. The appellant Mohan Maharaj took out the `panchang' and seeing the stars made certain calculations. He asked them to arrange vermilion (sindoor), Camphor, Golochan and two bottles of perfume. He also asked them to arrange for human blood. The appellants Madan & Babu undertook to carry out the said work. In the morning, he was asked to go to the mines. He was accompanied by the appellant Kishan and one Natha. In the way Natha got down. They went to the Samelia Mahadev mines. He also stated that in the night, all the four accused persons had agreed to assemble after 5-7 days at Samelia Mahadev. Accordingly, all assembled after few days at `samelia Mahadev'. The appellant Kishna inquired from Madan, if all the material for worship has been arranged. They answered that everything has been arranged. In the evening at about 6 p. m. they proceeded towards the fort. He declined to accompany them, but on their insistence, he had to accompany them. All of them got down from the jeep at a culvert near Mataji's temple. Thereafter, they went to the fort. Mohan Maharaj open the `panchang' to see the stars and directed them to follow his instructions. There was blood in the phial. The blood was spread on the places where the digging was to be done. After spreading blood Mohan Maharaj proceeded with the other rituals. At that time wind started blowing, the birds started chirping. The appellant Mohan Maharaj warned that only those persons who were of strong heart should stay and others should run away. Accordingly, he and Pw/6 Natha left the place. After 4-5 days Babu and Madan came to him. He inquired about the hidden treasure. Both of them fired him and asked to keep quite. He also asked as to how he was concerned with them. At that time he was working at the `samelia Mahadev' mines. In the evening they went to the house of appellant Kishna. There appellant Madan insisted to stay at the house of Kishan. He revealed the news that the dead body of the child who disappeared in village has been traced and there is a tension in village Bigod. It was also expressed that a Hindu Muslim communal roites may also broke out. He enquired about the bottle in which the blood was brought, on which he was being abused by Madan and Kishan. He told him that he has no business to talk about all those things. After 2-3 days, he was called by the Police for interrogation. Pw/6 Nathu Lal was also a labour in the mines of Kishan Rebari. In relation he was brother-in-law of his son. He has stated that all the four appellants met at the house of Babu. The appellant Kishan had given details about the hidden treasure in the court-yard of Devnagar fort. Mohan Maharaj was called. he emphasized for the necessity of the human sacrifice in order to please the evil spirits. He has given subsequent narration almost as given by Pw/5 Bheru Lal. He has stated that all the four appellants went to the Devnagar fort. The rituals were performed through the appellant Mohan Maharaj and the blood was also separated on the stones. Nothing has been elicited in the cross-examination of the witnesses to discredit their testimony. ;