BALI, J. - (1.) INTERVENING night of 28th and 29. 06. 2001 turned out to be a blackest night for a small village Railgaon located in District Kota when vast number of persons including the appellants herein, in their frenzy touching madness killed Purshottam, Ram Kumar, Kalu, Lokendra and Heera Lal. For this carnage said to have been indulged by vast number of persons, appellants and 12 others were tried for various offences culminating into capital sentence to Mohan Lal, Yuvraj, Hansraj sons of Ram Narayan, Hansraj and Radhey Shyam sons of Gopal and Modu Nath son of Dheeru Nath, vide order of conviction and sentence dated 11. 3. 2003 and 13. 3. 2003 respectively. The appellants named above have been held guilty and sentenced for various offences as mentioned below: U/s. 148 IPC - Three years R. I. and a fine of Rs. 500/- (in default of payment of fine, six months' R. I.) U/s. 427 IPC - 2 years' RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 6 months ). U/s. 342 IPC - 1 years RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months ). U/s. 460 IPC - 10 years' RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year ). U/s. 302 IPC death sentence by handing from neck till such time they die (To be hanged by neck till death)
(2.) THE appellants named above (Mohan Lal, Yuvraj and Hansraj sons of Ram Narayan, Hans Raj son of Gopal, Radhey Shyam son of Gopal and Modunath son of Bheru Nath have challenged the order of conviction and sentence by filing Appeal bearing No. 464/2003 Mohan Lal and others vs. State of Rajasthan. Out of eleven others who have been held guilty and accordingly sentenced, as mentioned above, Lal Chand @ Ram Niwas son of Birdhilal, Revadi Lal son of Kishore, Ghanshyam and Radhey Shyam sons of Prahald who have been sentenced as mentioned below have filed criminal appeal bearing No. 670/2003. U/s. 148 IPC - Three years R. I. And a fine of Rs. 500/- (in default of payment of fine, six months' R. I.) U/s. 427 IPC - 2 years' RI and fine of Rs. 500/- (in default of payment of fine, further RI for 6 months ). U/s. 342 IPC - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months ). U/s. 460 IPC - 10 years' RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year ). U/s. 302/149 IPC - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year ). Appellants Dhanpal, Kanhaiya and Nawal sons of Ram Pratap, and Ramlal son of Ram Narain, another four out of eleven, who have been held guilty for various offences as mentioned below, have filed criminal appeal bearing No. 621/2003: U/s. 148 IPC - Three years R. I. and fine of Rs. 500/- (in default of payment of fine, six months' R. I.) U/s. 427 IPC - 2 years' RI and fine of Rs. 500/- (in default of payment of fine, further RI for 6 months ). U/s. 342 IPC - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months ). U/s. 460 IPC - 10 years' RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year ). U/s. 302/149 IPC - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year ). Remaining three appellants, out of the eleven, namely Babulal son of Dev Lal, Mangilal son of Baldev and Radhey Shyam son of Shankar Lal, who have been held guilty for various offences as mentioned below, have filed criminal appeal No. 520/2003: U/s. 148 IPC - Three years R. I. and a fine of Rs. 500/- (in default of payment of fine, six months' R. I. ). U/s. 427 IPC - 2 years' RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 6 months ). U/s. 342 IPC - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months ). U/s. 460 IPC - 10 years' RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year ). U/s. 302/149 IPC - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year ). By this order, we propose to decide seven criminal appeals bearing No. 464/2003, 421/2003, 621/2003, 622/2003, 670/2003, 674/2003 and 520/03 which have been filed challenging common impugned order of conviction and sentence dated 11. 3. 2003 and 13. 3. 2003 and Death Reference No. 1/203 pursuant to a reference for confirmation of death sentence made by the learned Trial Judge u/s. 366 Cr. P. C.
(3.) ALL the seven appeals and the death reference have been argued by Mr. A. K. Gupta who too along with the learned Public Prosecutor suggests that all these matters need be disposed of by a common judgment. The chain of events leadings to the death of five persons named above was unfolded by Radhey Shyam (PW. 1) brother of Purshottam deceased who in his written report dated 29. 6. 2001 made at 6. 45 a. m. with regard to the occurrence that had taken place in the intervening night of 28th and 29. 06. 2001, stated that on 28. 6. 2001 his elder brother Purshottam, Ram Kumar Dhakad, Kalu Lal Mali, and Lokendra Sharma, residents of Village Railgaon, Heera Lal Meghwal resident of Rampuria, Kota had come on two motor cycles with a view to plough their land at about 5 in the evening from Rampura, Kota to Railgaon. They had come to the house of his elder brother Purshottam. No sooner they came in the village, Ram Narain S/o Gaindi Lal Gurjar, his sons Mohan Lal, Yuvraj, Hansraj Gurjar, and his son-in-law Lalchand Gurjar, Dhanpal, Kanhaiya Lal, Naval son of Rampratap Gurjar, Revdi Lal Gurjar, Hemraj, Radhey Shyam and Bhojraj sons of Gopal Gujar, Ramesh Chand and Ram Singh sons of Chaturbhuj Gurjar, Ramlal s/o Ramnarayan, Babulal son of Devlal Meena, Mangilal son of Baldev Meghwal, Ghanshyam and Radhey Shyam sons of Prahlad Meghwal, Modulal Nath, Radhey Shyam son of Shankar Lal Nath, Jagdish son of Gopal Meghwal, Shambhu Dayal son of Chhitar Dhobi, Amar Lal son of Nand Lal Meena, Sita Ram son of Gopi Lal Kumhar, all residents of Railgaon and 15-20 other persons came. All of them were armed with Gandasis, Swords, Sabbal and sticks. All these persons surrounded the house of his elder brother Purshottam. He was in the house along with children. He and his brother Purshottam had a common wall. No sooner, these people came, they scaled the house of his brother Purshottam and started throwing stones because of which, roof sheets and `kelu' (tiles) of the house of his brother were broken. His brother Purshottam and his four companions for saving their lives jumped the common wall of his house and came to one of the rooms of his house. At about 12 at night, these people took him, his wife Badribai and mother Panabai as also Nirmala Bai wife of Purshottam and made them sit in the thatched roof (CHHAPRA) of Prabhulal Meena. At about 12. 30 at night, relatives of Ram Narain Gurjar resident of Railgaon came in the jeeps along with 15-20 persons in front of his house and the moment they came, they broke the door of his house with Sabbal and entered into his house. These people dragged his brother Purshottam and Ramkumar Dhakad outside. They caused injuries to them with Gandasis and swords on their head, face, hands and feet and killed. Kalu Lal Mali, Lokendra Sharma and Heeralal Meghwal were killed inside the room with Swords, Gandasis and sticks with which they were given beatings and were thus killed. Then they took both the motor cycles in the passage and burnt the same. This occurrence was witnessed by him, his elder brother Ramlal, his mother Panabai, his wife Badribai and his brother's wife Nirmala. Six months prior to the date of occurrence, Kishan Chand son of Ram Narayan was murdered and Ramnarayan Gurjar was suspicious that he had been killed by the five persons who have been killed. From that day onwards, Ram Narayan Gurjar, Radhey Shyam and members of the family had become inimical towards these people and were troubling them. He could not come to lodge the report due to feat at night. In the morning, he had come with his brother Ramlal to lodge the report. He further stated that five dead bodies were lying at his house. First Information Report, as mentioned above, was lodged at 6. 45 a. m. on 29. 6. 2001 and special report with regard to the incident reached the concerned Magistrate at 10. 40 p. m. on 29. 6. 2001. ;