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2006 DIGILAW 203 (RAJ)

State of Rajasthan v. Ramesh alias Gaguda

2006-01-19

MANAK MOHTA

body2006
Judgment N.N. Mathur, J.-Appellants Ramesh alias Gaguda, Bharat Kumar alias Bhatia and Gordhan Lal stood trial before the Court of Additional Sessions Judge, Phalodi for offence under Sections 120B, 302, 201, 404, 414, 457 and 460/34 IPC. Learned Additional Sessions Judge by Judgment dated 31.05.2004 convicted the appellant Ramesh alias Gaguda of offence under Section 302 IPC for committing murder of an affluent couple viz; Ramlal and his wife Shanti Devi and sentenced him to death. Learned Judge has made reference to this Court for confirmation of death sentence in accordance with the provisions of Section 366(1) of the Code of Criminal Procedure. Learned Judge has also convicted appellants Gordhanlal and Bharat Kumar alias Bhatia for the offence under Section 302/34 and sentenced each one of them to imprisonment for life and to pay a fine of Rs. 1000/-and in default, to further undergo two months rigorous imprisonment. All the three appellants viz; Ramesh alias Gaguda, Gordhanlal and Bharat Kumar alias Bhatia have been further convicted and sentenced as follows:- Under Section 120 B IPC:-5 years RI & to pay a fine of Rs.500/-and in default, to further undergo one months RI; 457 IPC:-5 years RI and to pay a fine of Rs.500/-and in default, to further undergo one months RI; 379, 379/34 IPC:-One years RI and to pay a fine of Rs. 500/-and in default, to further undergo one months RI; 404, 404/34 IPC:-One years RI and to pay a fine of Rs. 500/-and in default, to further undergo one months RI; 2. Appellant Rajesh has been convicted and sentenced as follows: Under Section 201 IPC:-5 years RI and to pay a fine of Rs. 500/-and in default, to further undergo one months RI; 404 IPC:-One years RI and to pay a fine of Rs. 500/-and in default, to further undergo one months RI; 414 IPC:-One years RI and to pay a fine of Rs.500/-and in default, to further undergo one months RI; 3. The prosecution case as emerges from the record is that in a small town namely Phalodi, near Jodhpur, a moderately rich couple viz; Ramlal aged 60 years and his wife Smt. Shanti Devi aged 54 years lived. Deceased Ramlal carried-on business of selling steel utensils. He also used to lend money against the ornaments pledged with him. The prosecution case as emerges from the record is that in a small town namely Phalodi, near Jodhpur, a moderately rich couple viz; Ramlal aged 60 years and his wife Smt. Shanti Devi aged 54 years lived. Deceased Ramlal carried-on business of selling steel utensils. He also used to lend money against the ornaments pledged with him. For that, he would enter the name of the borrower and indicate the figure of money advanced in code number in a diary maintained by him. Further, he would put the pledged ornaments in cotton pouch with a slip indicating the name of the borrower and the amount in code number. He had very intimate business relations with persons of goldsmith community, particularly with one Asu Ram and his son appellant Gordhanlal. It is alleged that Gordhanlal taking advantage of the knowledge of huge quantity of pledged ornaments, hatched conspiracy with the other two accused persons viz; Ramesh and Bharat to commit robbery and murder. It is alleged that with a view to accomplish criminal conspiracy, the accused appellants entered into the house of deceased Ramlal in the intervening night of 4th and 5th February, 2003 and committed the murder of deceased couple, causing injuries by a sharp edged weapon viz; "Jabad" and took away pledged ornaments of the borrowers and the deceased. It is further alleged that the accused persons took the ornaments to fourth appellant Rajesh with a view to destroy their identity by melting them. 4. According to the prosecution, on 05.02.2003 at about 5.40 AM, a telephonic information was received at Police Station, Phalodi from PW. 1 Anil to the effect that having noticed the door of the house of his neighbour Ram Lal Lunawat open, he gave repeated calls and pressed the bell but there was no response from inside. He suspected foul. Police entered the information in the Rojnamcha vide Exhibit P.91A and swing into action. PW. 35 Kishan Singh, incharge of the Police Station, Phalodi, alongwith the police party rushed to the spot. On entering into the house, they found the dead bodies of Ramlal and his wife Shanti Devi. During inspection, PW. 1 Anil submitted a written FIR Exhibit P/1 on the spot, stating inter alia that when at about 5 AM, as usual he got up and came out of the house, he found the door of the house of Ramlal open. During inspection, PW. 1 Anil submitted a written FIR Exhibit P/1 on the spot, stating inter alia that when at about 5 AM, as usual he got up and came out of the house, he found the door of the house of Ramlal open. He gave repeated calls and pressed the electric bell but there was no response from inside. Thus, he suspected a foul play and informed the police on telephone. On entering into the house, he found dead bodies of Ramlal and Shanti Devi in pool of blood with multiple injuries. PW. 20 Constable Jethu Singh presented FIR at the Police Station before PW. 23 Ganga Ram, Sub Inspector. The police registered the FIR vide Exhibit P.1 at 6.00 AM for the offence under Sections 302 and 457 IPC and proceeded with investigation. The police inspected the site and prepared the site plan. Incriminating articles i.e., blood stained shawl, syringe and needle lying near the dead bodies were taken into possession. The finger impressions from the handle of the refrigerator, almirah, etc. were taken. Police also conducted the inquest, noticing multiple injuries on the dead bodies and arranged for post mortem on the sport. The Medical Board after conducting the autopsy on 06.02.2003, handed over the dead bodies to PW. 8 Shikhar Chand. During investigation, the police made search of the house as well as the shop of the deceased and collected incriminating evidence. Appellants Gordhanlal and Bharat Kumar were arrested on 07.02.2003 vide Exhibit P.84 and Exhibit P. 85 respectively. On information given by the appellant Gordhan Lal, ornaments belonging to the deceased were recovered. The blood stained shoes and clothes were also recovered in pursuance of the information given by him. In pursuance of the information given by appellant Bharat Kumar, bangles and other silver ornaments were recovered. Blood stained shoes and clothes were also recovered from his possession in pursuance of the information given by him. Appellant Ramesh Kumar disappeared from the town just after the incident. A special team was constituted to apprehend him. He was arrested on 10.02.2003 vide Exhibit P.44. He was found carrying with him, Currency Notes in the sum of Rs. 30,000/-huge quantity of ornaments weighing 192 gms and gold ingots weighing 1347 gms in a black bag, which were seized vide Exhibit P.45. A special team was constituted to apprehend him. He was arrested on 10.02.2003 vide Exhibit P.44. He was found carrying with him, Currency Notes in the sum of Rs. 30,000/-huge quantity of ornaments weighing 192 gms and gold ingots weighing 1347 gms in a black bag, which were seized vide Exhibit P.45. In pursuance of the information given by him, the weapon of offence i.e. "Jabad" (human hair sticking thereon) stained with human blood was recovered vide Exhibit P.29. The incriminating articles were sent to the Forensic Science Laboratory. Fourth appellant Rajesh was arrested on 13.02.2003. In pursuance of the information given by him, the apparatus for melting ornaments was recovered. According to police, appellants Ramesh and Bharat are the persons of criminal background. Thus, they were hired by appellant Gordhan, whose reference is found at Page 18 of the Diary recovered from the pocket of deceased Ramlal. After usual investigation, the police laid charge sheet against the appellants for the various offences indicated above. 5. The appellants denied the charges levelled against them and claimed trial. The prosecution sought to bring home the guilt of the appellants relying on the circumstantial evidence of unexplained recent possession of the incriminating articles in pursuance of the information given by the appellants and so as the presence of human blood on the clothes. In support of the case, the prosecution examined as many as 35 witnesses and produced 126 documents. In statement under Section 313 of the Code of Criminal Procedure, the appellants denied the correctness of the evidence appearing against them. Appellant Gordhan Lal stated that the Investigating Officer Kishan Singh prepared all the false recovery memos against him. The statements of appellants Bharat Kumar and Rajesh are a