N.N.Mathur, J. - (1.) It is the case of strange infatuation, wherein the appellant alleged to have killed his wife and daughter aged 8-9 years on a trifle issue not with the victims but his own brothers. Quickly after the incident appellant made confession of the commission of the crime before P.W.I Majid Khan and later on P.W. 11 Dalu Ram. The appellant was arrested on the same day. His clothes stained with human blood which he was wearing at the time of arrest were seized. He made a discloser statement consequent to which weapon of offence namely axe and knife were recovered. On being charge sheeted he faced trial for offence under Section 302 I.P.C. The Court of Additional Sessions Judge, Deedwana held him guilty of offence under Section 302 I.P.C. and sentenced to imprisonment for life by the impugned judgment dated 6.5.2003. He has also been convicted for offence under Section 201 I.P.C. and sentenced to 2 years rigorous imprisonment. Admittedly, there is no direct evidence of eyewitnesses. The case of the prosecution is primarily based on extra judicial confession of the appellant coupled with discovery of the fact leading to the recovery of weapon of offence namely kulhari and knife. The another incriminating circumstance is of the presence of human blood on the clothes of the appellant. Prosecution has also relied upon the existence of motive which infuriated the appellant to commit the crime. With the assistance of the learned Amicus Curiae we have perused the critically scrutinized the entire evidence on record.
(2.) The conspectus of the case is that P.W. 12 Mohan Ram the brother of the deceased submitted a written report at Police Station Molasar stating inter alia that on 13.2.2002 he was being informed by P.W. 10 Surjana Ram and Parsa Ram that his sister Mst. Phepha and niece Miss Santosh were killed by the appellant by putting them to fire. On entering in the house he found that the dead bodies of his sister and the niece were lying in badly burnt condition. There was smoke in the house. The clothes of appellant Seva Ram were drenched with blood. On this information police registered a case for offence under Sections 302 and 201 1.P.C. and proceeded with investigation The police sent both the dead bodies for post-mortem. The post-mortem was conducted by a Medical Board consisting of three doctors. P.W. 6 Dr. Murad Khari has proved the post-mortem report of Mst. Phepha Ex. P 19 and of Miss Santosh Ex. P 20. It is stated by P.W. 6 Dr. Murad Khan that the Medical Board noticed the following injuries on the dead body of Mst. Phepha: (1) Skull, face, neck and left shoulder -skin and most of the soft bone burnt sparing only a small area of occipital region, which just of long hair spared burning. Right temporal and maxillary burnt where exposing burnt intracranial structures. (2) Ramaneut of burnt left lower limb-skin and soft tissues almost completely burnt exposing whole burnt bones of foot, leg and distal part of femur-3 kadas (female ornament) present on lower leg. (3) Ramaneut of burnt part of upper end of right tibia bone. He stated that in the opinion of the medical Board the cause of death of Mst. Phepha could not be ascertained because most of the vital structure viz. skin, whole of the trunk and abdomen were absent from the body and out of remaining parts almost all soft tissues were also burnt and coagulated. The nature of burn whether ante-mortem or post-mortem could not be ascertained because of the reason described above. It is further stated by P.W. 6 Dr. Murad Khan that the Medical Board noticed the following injuries on the dead body of Miss Santosh: (1) Skull, face and neck-skin and soft tissues were burnt coagulated and blackened sparing a part of scalp and hair on occipital area. (2) Wound on face at left intraorbital and maxillary area of size 5 cm x 3 cm x fractured maxillary bone. Margin & base of wound was also burnt. (3) Neck-skin and soft tissues were burnt and coagulated. (4) Chest-Walls burnt exposing underlying partially burnt ribs, left side was more burnt whole left lung was also absent. Heart and right lung burnt and coagulated. (5) Left upper limb with shoulder absent. Right upper limb with shoulder-soft tissues were burnt exposing burnt whole bone. (6) Both lower limbs absent sparing both upper l/3rd of femur wrapped with burnt soft tissue. He stated that in the opinion of the Medi- cal Board the cause of death of Miss Santosh could not be ascertained because most of the vital structures were burnt and coagulated. The nature of burn whether ante-mortem or post-mortem could not be ascertained because most of the skin and soft tissues were burnt and absent.
(3.) It is contended by Mr. Vinit Jain learned Amicus Curiae that extra judicial confession allegedly made by the appellant is not creditworthy. It is also submitted that appellant has been falsely implicated. On the other hand the learned Public Prosecutor has supported the judgment of the Trial Court.;