SHARMA, J. - (1.) THE accused Kunal Panchal and Banti @ Kuldeep Joshi along with Manish @ Kapil were charged and tried under sections 449, 302, 302/34, 380 IPC and Section 4/25 Arms Act before the learned Special Judge SC/st
(2.) (PA Cases) Kota who convicted Kunal Panchal and Banti @ Kuldeep for the offences under sections 302/34, 449 IPC and 4/25 Arms Act and having regard to the peculiar facts and circumstances of the case found it to be rarest of rare cases and therefore sentenced them thus:- Kunal Panchal and Banti @ Kuldeep: U/s. 302/34 IPC: Sentence of death and fine of Rs. 500/- in default to suffer one month imprisonment. U/s. 449 IPC: To suffer life imprisonment and fine of Rs. 500/-, in default to further suffer six months rigorous imprisonment. Kunal Panchal: U/s. 4/25 Arms Act: To suffer rigorous imprisonment two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Charge under section 302/34 IPC was however not found established against accused Manish @ Kapil and he stood acquitted. The learned Special Judge SC/st (Prevention of Atrocities Cases) Kota made a reference (bearing Death Reference No. 1/2006) under section 366 Cr. P. C. for confirmation of death sentence. Accused Kunal Panchal and Banti @ Kuldeep preferred appeals challenging their conviction and sentence as aforesaid. The brief facts as unraveled by the prosecution at the trial are as follows:- On December 22, 2005 the informant Vinay Jain, husband of Lalita (now deceased), submitted a written report (Ex. P-56) at police station Dadabari Kota, stating therein that in the evening on the said day he was away from his house and his wife Lalita and two daughters Chinna (7 years) and Jhunjhun (2 years) were at the house. Around 8 PM his neighbour Dr. Udai Singh informed him on phone that smoke was spreading from his house. He rushed to the house and found his wife lying in a pool of blood in the bed-room having burns on her legs. All the articles of the house were also scattered. His daughter Divya (Chinna) informed him that Kunal Panchal and one other boy came to the house, caused injuries on her mother with knife and Soolia and after searching almirahs and bolting the door from outside they fled away. Informant further stated that Kunal Panchal used to work at his shop `vishnu Property' for the last 5-6 months. On that report a case under sections 449 and 302/34 IPC was registered and investigation commenced. Post mortem on the dead body was performed. Necessary memos were drawn, statement of witnesses were recorded, the accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge SC/st (PA Cases) Kota. Charges under sections 449, 302, 302/34 and 380 IPC were framed. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under section 313 Cr. P. C. , the accused claimed innocence and examined five witnesses in defence. Learned trial Judge on hearing final submissions disposed of the case as indicated herein above. It is well settled proposition that the graver the offence, the greater should be the care taken to see that neither an innocent person is convicted nor a guilty allowed to escape. Bearing this principle in mind we straightway proceed in accordance with sections 366 and 368 Crpc to examine the entire evidence independently. Death of Lalita was undeniably homicidal in nature. As per postmortem report (Ex. P-1) following ante mortem injuries were found on her dead body:- 1. Incised wound 2 x 1/2 cm x skin deep on just above lt. eye brown 2. Incised wound 3 x 1/2 cm x muscle deep just above lt. angle of mouth 3. Incised wound 2 x 1/4cm x skin deep just 1cm above Inj. 2 4. Incised wound 1 x 1/4cm on Lt. cheek. 5. Contusion 4 x 3 cm Lat. side of lt. eye 6. Incised wound 2 x 1/4cm x skin deep back of lt. ear 7. Two incised wounds 1x1/4cm x skin deep on lt. ear antly 8. Incised wound 1 x 1/2cm x skin deep on lt. angle of mandible 9. Abrasion 1/4 x 1/4 cm just below lt. mandible 10. Incised wound 11/2 x 1/2cm x muscle deep on Rt. cheek 5cm antly to Rt. ear. 11. Incised wound 4 x 1/2cm x muscle deep on Rt. angle of mandible. 12. Incised wound 1 x 1/2 cm x skin deep on Rt. side of neck upper 1/3 13. Incised wound 1 x 1/2 cm x skin deep on Rt. side of neck upper 1/3 14. Incised wound 1 x 1/4cm x skin deep on Rt. temporal region 15. Incised wound 3 x 1/2cm x scalp deep on Rt. temporal region 16. Incised wound (3in no.) 6x1xbone deep on occipital scalp Rt. side 17. Incised wound (2 in no.) 1x1/2cmxskin deep back of neck 18. Punctured wounds 1/4 x 1/4 on back of chest & abdomen 19. Incised wound 1x1/2 cm x muscle deep on back of lumbar region 20. Incised wound 2x 1/4 cm x skin deep on Lt. side of abdomen. 21. Incised wound 1 x 1/4cm x skin deep front of neck 22. Incised wounds (3 in no.) 3 x 1/4cm x muscle deep on lt. clavicle 23. Incised wound 2 x 1/4 cm x skin deep just above Rt. clavicle 24. Incised wound 1x 1/4cm x skin deep on Rt. Clavicle 25. Incised wound 1 x 1/2 cm x muscle deep on Rt. Pectoral region 26. Multiple punctured wounds (15 in no.) 1/4 x 1/4 on front of chest and abdomen. 27. Stab incised wound 2 x 1/2 cm x ?deep on Epigestrium 28. Incised wound 2 x 1/2 cm x skin deep on Rt. Hypochondrium 29. Incised wound 1 x 1/4cm x skin deep on Rt. arm on 1/3 medially. 30. Incised wound 1 x 1/4 cm x skin deep on Rt. forearm 1/3 antly. 31. Incised wound (2 in no.) 1/2 x 1/4 cm x skin deep on Rt. thumb antly 32. Incised wound (3in no.) 1 x 1/4 cm x muscle deep on Rt. arm posterly 33. Incised wound (3 in no.) 1 x 1/4 x skin deep Rt. forearm posterly. 34. Incised wound 1 x 1/2 cm x muscle deep Rt. thigh on 1/3 latly. 35. Abrasion 1 x 1/4 cm on Rt. knee cap 36. Abrasion 1/4 x 1/4 cm on Rt. Thigh on 1/3 antly. 37. Incised wounds (2 in no.) 1 x 1/4 x skin deep Lt. shoulder. 38. Incised wound 1 x 1/4 cm x skin deep on Lt. arm 1/3 postly 39. Incised wound (2 in no.) 1 x 1/2 cm x muscle deep Lt. forearm postly 40. Two incised wounds 1 x 1/2 cm. muscle deep on Lt. wrist postly 41. 3 Incised wounds 1 x1/2 cm x skin deep on Lt. thigh latly. 42. Incised wound 1 x 1/4 cm x muscle deep Lt. leg 1/3 latly. 43. Superficial to deep burns on both foot, sole ankles lower part of Rt. leg, back of lt. leg and back of lt. thigh, toes of Rt. & Lt. foot completely chared, peeling of skin at places and redness at places ante mortem burn. 44. Stab wound 2 x 1/2cm x cavity deep just below lt. clavicle 45. Stab wound 2 x 1/2 cm x cavity deep on Rt. pectoral region 46. Stab wound 3 x 1/2 cm x cavity deep on Rt. hypochondrium. Dr. Ashok Mundra (Pw. 1) who conducted autopsy as a member of Medical Board deposed that the cause of death was shock as a result of injuries to both lungs and liver with cumulative effect of multiple injuries & burns.
(3.) DR. Udai Singh Jatav (Pw. 10) in his deposition stated that on December 22, 2005 while he was treating patients, Divya daughter of Vinay Jain came and informed him that Kunal, a servant of the shop of his father, killed her mother and set her ablaze. He then accompanied Divya to her house and found mother of Divya lying dead in a pool of blood in the bedroom and her legs were burnt. He then communicated the information over phone to Vinay Jain as well as to the Police. Divya (Pw. 25), a female child of 6 years was examined after due care and caution by the trial court. She stated that Kunal killed her mother with knife and the other companion of Kunal whom she identified as Kuldeep, killed her mother with Soolia. She further stated that while the accused were causing injuries to her mother, she proceeded to bathroom. Jodhraj (Pw. 13) deposed that he owned a shop of electric parts in Sector 7 Keshavpura. On December 22, 2005 around 6 PM Banti came to his shop and demanded Tochia (Soolia) for making hole in the board. He then handed over Soolia to Banti. ;