- (1.) SUCCINCTLY put the prosecution story is that Mst. Chhagni, daughter of accused Dhanna Ram's brother Rama Ram. a resident of Kanwla raised an outcry at about 11 a. m. on March 10. 1972. that her uncle Dhanna Ram had killed his daughter Mst. Shanti and that he had been standing near the dead body with a blood stained hatchet in his hand. On hearing her scream and shriek Thana Ram. P. W. 3, Ganga Ram P. W. 5 and Jagga P. W. 6 reached the spot with hurry and rush. They entered Dhanna Ram's house. They first saw Mst. Shanti (aged about 6 years) lying injured and dead in the courtyard of the accused's house and Dhanna Ram standing close at hand clutching a blood-stained axe tenaciously. Ganga Ram caught hold of Dhanna Ram and Jagga snatched away his axe abruptly with, a sudden jerk. On their query the accused told them that he had killed not only his daughter but also his four sons. The witnesses then saw the dead bodies of Phulia (aged 10 years) and Chhoga (12 years of age) in the accused's Bara'. These two children had also been hacked to death. Thereafter the witnesses entered Dhanna Ram's room wherein they located the dead bodies of Dhanna Ram's sons. Kapura (14 years old), and Puria (2 1/2 years of age ). The two boys had also sustained fatal injuries on their necks. Soon after Thana Ram. P. W. 3. went to Parbat Singh, Sarpanch of village Kanwla (P. W. 2) and acquainted him with what he had seen. Parbat Sinsh then reached the spot and he found five corpses of Dhanna Ram's children. On his grill Dhanna Ram made a confession before him that he had killed his five infants. P. W. 2 Parbat Singh scribed the first information report (Ex. R. 1) and he sent it to the police station Umedpur through P. W. 1 Pratap Singh That very day the S. H. Q. Umedpur. Kishan Lal P. W. 8. on receipt of the above factual statement of events, registered a case under Section 302. I. P. C. against Dhanna Ram and took over investigation. He reached the spot and prepared inquest reports in respect of the dead bodies of all the five youngsters, site plan and other necessary documents. He seized the blood-stained Shirt Article 2 and Dhoti Article 3 which Dhanna Ram had been wearing. He also seized the blood-stained hatchet Article 1 under memo Ex. P. 10. dated March 10. 1972. These articles were duly sealed and were sent to the Chemical Examiner. Jaipur through Boota Ram P. W. 7 (L. C. No. 514 ). The Chemical Examiner, Jaipur in his report (Ex. P. 23) certified that the articles were positive for blood. The Serologist and the Chemical Examiner to the Government of India. Calcutta, in his report (Ex. P. 24) opined that the constituents were stained with human blood. The post-mortem examination of the dead body of Kapura Ram was conducted by Dr. Raman Verma (C. W. 1) and he found the following injuries on the person of the deceased:-- 1. an incised horizontal wound 3" X 1", extending from the right angle of the mouth and cutting the whole cheek. The second lower right molar tooth had come out. 2. horizontal incised wound, 6" X 2" X 3", over the anterior of the neck just below the thyroid-cartilage, cutting trachea, oesophagus, and all the blood vessels and muscles intervening; and 3. horizontal incised wound, 4" XI " X 3". over the posterior of the neck cutting the vertebrae at the level of the third cervical between the third and fourth cervical. All the intervening structures i. e. , blood-vessels and muscles had been cut. The above injuries were ante-mortem and homicidal. The cause of death, in the opinion of the Doctor, was syncope, produced by severe haemorrhage from the wounds. There was no possibility of the survival of the deceased. Injuries Nos. 2 and 3 were sufficient in the ordinary course of nature to have caused the death.
(2.) FOLLOWING injuries in the course of autopsy were noticed on the person of deceased Chhoga Ram:- 1. incised horizontal wound, 3" X2 " X3 ", over the anterior of the neck just below the thyroid cartilage cutting trachea oesophagus and all the bigger blood vessels and muscles intervening. 2. horizontal incised wound, 4" X2 " X3 ", over the posterior of the neck cutting the third cervical vertebra; all the intervening blood vessels and muscles had been cut; 3. horizontal incised wound. 2" X1 " X3 " cutting the head of the right humerus (injuries on the tip of the right shoulder joint); and 4. verticle bruise. 7" X2 ", over the lateral aspect of the lower third of right thigh. All the above injuries were homicidal and ante-mortem. Injuries Nos. 1 and 2 were individually as well as collectively sufficient in the ordinary course of nature to have caused the death of the deceased. The deceased, the Doctor adds must have died without any perceptible lapse of time.
(3.) ON the dissection of the dead body of Phulia the Doctor noticed that he had sustained the following three injuries, which were ante-mortem and homicidal:-- 1. horizontal incised wound,. 4" X1 " X3 ". over the posterior aspect of the neck at the level of the second and the third cervical vertebrae, cutting the inter-vertebral disc, spinal cord and all the intervening blood vessels and muscles. 2. horizontal incised wound, 3 Xl"x2 1/2" below injury No. 1, cutting the inter-vertebral disc between the 3rd and 4th cervical vertebrae, spinal cord, intervening muscles and blood vessels; and 3. incised wound anterio-posterior, 2"x1"x3", cutting the muscles and the neck of the left humerus; there were injuries on the tip of the left shoulder joint. Injuries Nos. 1 and 2 were collectively as well as individually sufficient in the ordinary course of nature to have caused the death. The deceased, according to the Doctor must have died there and then. ;