Case: State Of Rajasthan Vs. Kheraj Ram

3. Accused woke up Gaina Rai (PW-9) 2.00 a.m. on 10.10.1992 telling that some one had given beatings to his children. When Gaina Rai (PW-9) asked him who the person was and what type of clothes he was wearing, the accused replied that he could not see his clothes but the person had run away. The accused told him that he was sleeping in the small room, and when he came out and started making uproar hearing the said person run away. On a query of the witnesses as to where the said person had gone, accused replied he did not know. The accused then informed the witness that not only his children, but also his wife and brother -in-law had been beaten. The witness went to the dhani of accused. The accused went inside. From the fencing line outside the dhani, the witness could see that Amru, Achla and Kesi were lying on the cots, and Meera was crying in pain that she was dying. The witness got perplexed. He asked accused to remain present in the house and went to call the neighbours namely, Khartha and Khumbha. He told them about what the accused had told them. Thereafter, the witness and Khartha went to the house of Khumbha, who was also told about the incident. Khartha and Khumbha were sent to the dhani of Kheraj, and the witness called one Daula (PW-1) who was sleeping in the gudal of his house. He disclose what he had heard and seen to Daula and he and Daula went to the dhani of Kheraj where Khumba and Khartha were sitting outside. Thereafter, the witness and Daula opened the back door and went inside and saw that all the four persons were lying drenched with blood. Immediately they entered inside, and found that except Meera, the rest three had died. He enquired from Meera as to what had happened, but she could not speak. At that time Kheraj was smoking chilam in the courtyard. The witness came out and sent Daula to lodge a report with the police. Subsequently, Meera also died. Then he sent Khartha to call Lalla and Sadula (brother of the accused). After sunrise, they searched for footprint, if any. Though they noticed footprints of a person in the north side going to the dhani of Achla and returning from there, the footprints were of shoe-worn. The footprints were also present in the east of the dhani. The accused used to blame the deceased Amru for her alleged infidelity and was quarrelling with her. He was told by Kannu and Veero (PWs 5 and 6 respectively) that the accused and his wife had a quarrel in the night. The police investigated into the allegations, and came to the conclusion that accused was responsible for the for killings. Initially, a case was registered for commission of offences punishable under Section 302 and Section 307 of the Indian Penal Code, 1860 (for short the IPC), and subsequently, it was modified to Section 302 IPC when all the four died.4. The trial Court on consideration of the evidence led by the prosecution found the accused guilty of offence punishable under Section 302 IPC. Considering the brutal nature of the killing death sentence was imposed. Because of the requirement under Section 366 of the Code of Criminal Procedure, 1973 (for short the Cr.P.C.) reference was made to the High Court of Rajasthan for confirmation of the death sentence. Accused also filed an appeal. Both the death reference and the appeal were heard together and disposed of by the impugned judgment.5. The High Court noted that the case was one which rested on circumstantial evidence. According to the prosecution, the following were the circumstances which unerringly pointed out the finger of guilt at the accused, and having found the accused guilty, he was sentenced to death.6. The circumstances relied upon were asthe motive with the accused to commit the murder of his wife as he felt that his wife was a lady of easy virtues and the two deceased daughters were not born from his loin; and the relations between deceased Smt. Amru and the accused appellant were not cordial and they were quarrelling;(2) PW5 Smt. Kannu and PW6 Smt. Veero had heard accused and deceased Smt. Amru quarrelling on the previous night and the accused was saying that the two daughters were not born form his loin and deceased Amru had scattered the money to her friends and the parents:(3) The accused gave false story regarding the commission of the offence to Gaina Ram and other persons who came at the scene of the occurrence when they were called by the accused;(4) The conduct of the accused in smoking the chilam at the time when the other persons who were called by him, came to his house; (5) The last seen of the accused in the company of the deceased persons in his house;(6) The extra judicial confession made by the accused before PW12 Simratha Ram; and(7) The recoveries of the blood-stained dhoti of the accused, the jooti of deceased Achla and the blood-stained kulhari on the information and at the instance of the accused-appellant.Some of the circumstances noted above were relied upon by the Trial Court and accordingly conviction was made and sentence was imposed. The High Court considered the above circumstances not to have been proved and sufficient to prove the guilt of the accused and directed acquittal. Therefore, the State of Rajasthan is in appeal before us.

Reasoning:
44. The factual matrix as described by the prosecution and established by the evidence on record shows that the cruel and diabolic manner in which the killings were conceived and executed. The accused did not act on any spur of the moment provocation. It was deliberately planned and meticulously executed. There was not even any remorse for such gruesome act. On the contrary, after the killing the accused tried to divert attention and used PW-9 as the cats-paw. He went on taking diversive tactics to suit his purpose. The calmness with which he smoked chilam was an indication of the fact that the gruesome act did not even arouse any human touch in him. On the contrary, he was satisfied with what he had done. In a given case, a person having seen a ghastly crime may act in a different way. That itself in another case may not constitute a suspicious circumstance. But when the entire chain of events and circumstances are comprehended, the inevitable conclusion is that the accused acted in the most cruel and inhuman manner and the murder was committed in extremely brutal, grotesque, diabolical, revolting and dastardly manner. The victims were two innocent children and a helpless woman. Taking note of these factors, the death sentence imposed by the Trial Court is most appropriate. The respondent shall surrender to custody forthwith and serve out the sentence.