KANTA BHATANAGAR, J. - (1.) APPEALLANT Tejaram was tried for the offence under Section 302 IPC by the Sessions Judge. Sirohi. By the judgment dated 20th April, 1985. he was held guilty for that offence and death sentence was passed. The learned Sessions Judge submitted the proceedings to this Court under Section 366 Cr. PC for confirmation of the death sentence. Appellant Tejaram felt aggrieved by the judgment of conviction and preferred appeal in this Court. As the death reference and the appeal filed by Tejaram arise out of the same judgment, we propose to dispose both of them by a common judgment.
(2.) SUCCINCTLY narrated the facts of the case giving rise to the trial of the appellant, his conviction and sentence and the reference by the learned Sessions Judge and the appeal by Tejaram are as under ; On 8 -6 -1983 at about 8.30 A.M. Nathmal (PW 9) Sarpanch Panchayat Varada lodged report at police station Barloot before SHO Jafar Ali PW 16 to the effect that Teja Ram armed with 'Pharsi' (axe) was furiously roaming at Bus Stand Varada and there was apprehension of breach of peace for the reason that he was shouting that he had already finished two and would finish two or four more. SHO Jafar Ali started pro6eedings under Sections 107 and 116 Cr. PC and procceeded to Varada. At Bus Stand Babu PW 1 lodged the report Ex. P.1 containing the facts that when he was at his house at about 8 A.M. appellant Teja Ram, armed with one axe went in front of his house on a bicycle and asked him to come out with a threatning to do away with him and exclaimed that he had done away with Shaitania and Madania. Babu felt frightened and did not come out. Thereafter Teja Ram went towards the Bus Stand. After his going away from there, Babu went towards the jungle known as 'Hanumaji -ki -Odan' to find out as to what has happened to the boys who had gone with Jairam for grazing the she -goats as usual. In his way towards 'Hanumanji ki Odan', he saw Shaitania lying dead with injuries on his head. At some distance his other son Madania was also lying dead with injuries on the neck. Babu then went to the Bus stand, where appellant was causing nuisance. He then got the report Ex. P. 1 written and gave it to Jafar Ali SHO who had reached there in connection with the inf6r -mation furnished by Nathmal Sarpanch. The SHO sent Ex. P.1 with constable Devisingh (PW 11) to police station Barloot for getting the case registered Devisingh gave the information to Head Constable Roop Chand (PW 5) who registered the case under Section 302 IPC Devisingh returned to village Varada. SHO Jafar Ali proceeded to the site where dead bodies of Shaitania and Madania were lying. He inspected the site and prepared the Site Inspection Memo Ex. P.2 and Site Plan Ex. P. 3. He took blood -soaked earth and the control soil from the places where deceased Shaitania and Madania were lying, vide Ex.Ps. 4 and 5. The hair from the head of Shaitania and Madania were also taken vide Memos Ex. P. 7 and Ex. P. 8 respectively and were sealed. Inquest Memo of Shaitania Ex. P. 9 and that of Madania Ex. P. 10 were prepared. Panchnama of the dead body of Madania, Ex.P. 11 and that of Shaitania Ex. P. 12 were also prepared. On the same day at 5.30 P.M. Dr. Jagdish Prasad (PW 13) Medical Officer, Primary Health Centre, Varada conducted the autopsy over the dead body of Shaitania and noted following injuries on his person: Wounds : (1) Incised wound 2x1x2 cm, on the right shoulder in the region of head of humerus; Cranium and Spinal Cord: There was incised wound on the back of head extending from lower border of left ear to upper border of right ear. 5 cm. occiptal bone, right astroid bone -membrain and brain. Ex - P. 29 is the post -mortem examination report of Shaitania. In the opinion of the Doctor, Shaitania died due to injury to vital organ i.e. leading to shock and death. On the same day at 6: 50 P.M. Dr. Jagdish Prasad conducted autopsy over the dead body of Madania on the spot. The Doctor noted following injuries on the dead body: Wounds: (1) Abrasion 5.25 cm. x 4 cm. on left shoulder; (2) Incised wound 10 cm. x 4 cm. x bone deep on the left side of head extending from mid of left ear cutting it to the back towards occipital. There was a fracture of left occipital bone and laceration of brain; (3) Incised wound 16 cm. x 10 cm. on left side of neck cutting second and third survical spine. Spinal Card, muscle and vessels of left side of neck. The post mortem examination report is Ex. P. 13. In the opinion of the Doctor cause of death of Madania was injury to vital organs i.e. spinal cord vessels and brain, leading to haemorrhage, shock and death. According to the Doctor the duration of death of the two boys was within 12 hours and injuries were sufficient in the ordinary course of nature to cause death. SHO Jafar Ali took in possession the blood stained pants (Article 2) and Bushirt (Article 3) of Madania vide memo Ex. P 13 and the blood stained Bushirt (Article 4) of Shaitania vide memo Ex. P. 14.
(3.) AT about 10 a.m. appellant Teja Ram armed with an axe and accompanied by his wife and children, went to police station Barloot and lodged the report Ex. P. 21. He produced the axe before the Head Constable Roop Chand. The Head Constable recorded the report Ex. P. 22. Roop Chand detained Teja Ram at the police station. In the night when Jafar Ali, after investigation, reached the police station, he arrested the appellant vide memo Ex. P. 25. The SHO took in possession the axe produced by Teja Ram and sealed it. The articles suspected to be blood stained, recovered during the course of investigation were sent for chemical examination, The report of the Director Forensic Science Laboratory Jaipur is Ex. P. 55. The report of the Director State Forensic Laboratory Jaipur regarding the hair is Ex. P. 56.;