MATHUR J. - (1.) It was by a midnight blitz that two sleeping sons of principal witness P.W.6 Mst.Jhamku in her dwelling house were axed to death allegedly by the appellant Neema Ram, the third and the youngest son. The learned Additional Sessions Judge (Fast Track) No.2, Jodhpur by impugned judgment dated 25.1.2006 having found the charge under Section 302 I.P.C. proved and considering the rarest of rare case has made the instant reference for confirmation of the death sentence. He has also inflicted fine of Rs. 2000/- and in default of payment to further undergo one month simple imprisonment.
(2.) The picture which has been projected from the deposition of principal witness P.W.6 Mst.Jhamku is to the effect that in the intervening night of 24th and 25th July, 2005 at about 3:00 A.M. she woke up sensing something wrong and rushed towards the `Bada'. She found appellant Neema Ram standing with the Kunt (a sharp edged weapon) in hand. The wife of Bhaga Ram namely P.W.8 Mst.Dhanki was weeping. Her husband Bhaga Ram was lying injured. He had sustained injuries on the head and other parts of body. The other son Pappa Ram, who was sleeping in the compound was also done to death by the appellant Neema Ram. There were bleeding injuries on various parts of his body. The appellant ran away from the house immediately. Their hue and cry attracted the villagers. On receiving a telephonic information police arrived on the spot in the morning. A written information report Ex.P12 was given to the police on the spot by P.W.4 Gokal Ram stating inter alia that in village Mortuka, P.W.6 Mst.Jhamku a widow of Budha Ram lived with her married son Bhaga Ram and another son Pappa Ram. The third son Neema Ram was in a private job at Goa. He had arrived in the village about 15 days prior to the date of incident. Thus, at the time of incident all the three brothers stayed in their house alongwith their mother P.W.6 Mst.Jhamku. On the fateful day at about 3:30 A.M., P.W.11 Bija Ram and P.W.7 Narayan visited his house and took him to the house of Bhaga Ram. He found the dead body of Pappa Ram lying on the cot. There were injuries of sharp edged weapon on various parts of his body. Bhaga Ram was lying injured. He was taken to the hospital for treatment. On inquiry it was disclosed by Mst.Jhamu that her son appellant Neema Ram killed Pappa Ram by causing `Kunt' injuries. He also inflicted injuries to Bhaga Ram. The appellant fled away from the place of incident. On this information, a case was registered for offence under Sections 307 & 302 I.P.C. at Police Station Luni, District, Jodhpur. The police prepared inquest report and the site plan. The appellant was arrested on the same day at 3:30 P.M. vide Ex.P40. In pursuance of the information given by him a blood stained `Kunt' was recovered on the next day i.e. on 25th July, 2005. Bhaga Ram died in the hospital on 2.8.2005. The autopsy of the dead body of Pappa Ram was conducted by P.W.10 Dr.Jagdish Jugtawat. He noticed the following injuries on the body of Pappa Ram vide Ex.P20 :- (1) Incised wound 11 cm x 1 cm x bone deep on Lt.side of fore head with fracture of fore head bone. (2) Incised wound 8 cm x 2 cm x muscle deep on Lt.side of face and pinna. (3) Incised wound 3 cm x 1 cm x muscle deep on Lt.cheek. (4) Incised wound 4 cm x 1 cm on Lt. side of neck 1/3 laterally with cutting the muscles and vessels (Jugalar vessels). (5) Incised wound 4 cm x 1 cm x muscle deep on Lt.side neck 1/3 Lat. With cutting the jugalar vessels. (6) Incised wound 11 cm x 1 cm x muscle deep on chest below clavicle. In his opinion the cause of death was shock and haemorrhage due to multiple injuries.
(3.) P.W.13 Dr.V.K.Malhotra conducted the autopsy of the dead body of Bhaga Ram and noticed the following injuries vide Ex.P.21:- (1) Stiched wound 12 cm long on Rt.fronto parietal region. (2) Stiched wound 13.5 cm long on Rt. fronto parietal & temporal region. (3) Stiched wound 8.5 cm long on Lt. fronto parietal region. (4) Abrasion 0.5 cm x 0.3 cm on Rt. side of forehead. (5) Tracheartomy present over neck. 5 (6) Stiched wound 3 cm long at back of Lt. ring & little finger dorsally. (7) Abrasion 1./5 cm x 0.5 cm on Rt. leg 1/3 ant. (8) Abrasion 0.5 cm x 0.5 cm on Lt. middle toe dorsally. (9) Abrasion 2 cm x 1 cm on back of Rt. side of chest 1/3. (10) Abrasion 1.5 cm x 1 cm on Rt. elbow post. (11) Abrasion 1 cm x 1 cm near injury No.10. In his opinion the cause of death was head injury.;