Ramesh vs State Of Rajasthan

1. This judgment will dispose of Criminal Appeal No. 1236 of 2006 filed by Ramesh @ Gaguda (original accused No. 3), Criminal Appeal No. 1235 of 2006 filed by Bharat Kumar @ Bhatia (original accused No. 2) and Criminal Appeal No. 1237 of 2006 filed by Gordhan Lal (original accused No. 1). We shall refer to the appellants as per their position before the Trial Court. While Ramesh @ Guguda (A-3) is sentenced to death by Trial and appellate Courts, the other two accused being Bharat 2 Kumar @ Bhatia (A-2) and Gordhan Lal (A-1) are facing the life imprisonment alongwith fines on different counts. That is how the matters have come up before us.

3. Phalodi is a quiet Taluk place in the State of Rajasthan. Ramlal Lunawat alongwith his wife Shanti Devi was doing business of money lending by pledging gold and silver ornaments and was selling steel utensils. On 5.2.2003, Anil (PW-1) telephoned to Police Station Phalodi that the door of the house-cum-shop of Ramlal was lying suspiciously open and nobody from the house was responding to the calls. Kishan Singh (PW-35) who was the Station House Officer of the Police Station Phalodi, reached the house alongwith some other police personnel. They found that Ramlal and his wife Shanti Devi were lying dead in the pool of blood. The FIR by Anil (PW-1) was recorded and the investigation was commenced for offences under Sections 302 and 457 of the Indian Penal Code (hereinafter called "the IPC" for short). The necessary spot panchnamas were executed and the Material Objects found on the scene were seized. It 3 was found that both the deceased persons had human hair in their hands. There was a blood-stained needle and syringe found near the dead body of Shanti Devi. Some other materials were collected from the spot to find out the finger prints. The clothes of the deceased persons were also seized. On suspicion, the accused persons were arrested. One other accused Rajesh (original accused No. 4) was also arrested. He stands acquitted by the Courts below. The accused persons gave information under Section 27 of the Indian Evidence Act and the clothes that they were wearing at the time of incident and their shoes were recovered. The ornaments stolen from the house of Ramlal were also recovered. Their hair were also taken for comparing with the sample of hairs founded at the scene of occurrence. The instrument used for melting ornaments was found at the house of Rajesh (A-4), which was allegedly stolen from the house of deceased Ramlal. The materials were sent to the Forensic Science Laboratory (FSL), Jaipur/Jodhpur and the reports were obtained. On the completion of investigation, the chargesheet was filed against four persons.

4. Case of the prosecution is that Gordhan Lal (A-1) had some dealings with Ramlal (deceased) which was evident from the diary found from the pocket of Ramlal. The prosecution alleged that Gordhan Lal (A-1), therefore, decided to commit a robbery at the place of Ramlal, who was a rich person, and conspired with the other accused persons, namely, Bharat Kumar @ Bhatia (A-

2), Ramesh @ Guguda (A-3) and Rajesh (A-4). They trespassed into the house of Ramlal by night and looted the house and decamped with the looted ornaments of silver and gold, cash and other articles. It is alleged by the prosecution that certain stolen gold ornaments were melted at the house of Rajesh (A-4) and converted into a nugget (Dhalia). Ramesh (A-3) and Bharat Kumar (A-2) had past criminal background. They were involved in number of criminal cases for offences such as attempt to murder, house trespass, looting etc. The murder weapon `Jharbad' was recovered from Ramesh (A-3). The chargesheet was filed for offences punishable under Sections 120-B, 302, 201, 404, 414, 457, 460/34 of the IPC as also for the offence punishable under Section 4/25 of the Arms Act against Ramesh (A-3). The evidence was led and as many as 35 witnesses came to be examined 5 in support of the charge. Prosecution relied on 132 documents and also produced 105 articles (M.Os.).

5. The defence was that of denial and false implication. In addition to that, accused Ramesh claimed that at the time of incident, he was taking part in a Jagran in Pali. Four defence witnesses came to be examined by Ramesh (A-3) while Gordhan Lal (A-1) produced one witness. The accused persons also filed a few documents. The defence did not prevail in case of the present appellants as also Rajesh (A-4). Against Ramesh (A-3), the case was treated to be the rarest of rare case. Ramesh (A-3) was ordered to be hanged. He was also convicted for other offences punishable under Sections120-B, 457, 302, 379, 404, 201 of the IPC. On the first two counts, he was awarded 5 years' rigorous imprisonment and on the others, 1 year's rigorous imprisonment consecutively with fine of Rs.500/- on each count. He was also convicted for the offence punishable under Section 5/25 of the Arms Act and was sentenced with 1 year's rigorous imprisonment with fine of Rs.500/-. Gordhan Lal (A-1) and Bharat Kumar @ Bhatia (A-2) were convicted with the aid of Section 34, IPC but were spared by ordering them to suffer rigorous 6 imprisonment for life. On the other counts, the identical punishment, as was awarded to Ramesh (A-3), was awarded to them. Rajesh (A-4) was convicted for the offence punishable under Sections 201, 404 and 414 of the IPC and was sentenced to undergo 5 years' rigorous imprisonment on the first count and 1 year's rigorous imprisonment on the other counts with fine of Rs.500/- on each count. Reference was made to the High Court for confirmation of the death sentence of Ramesh (A-3) while the accused persons also filed their appeals. The appeals filed by the present three appellants and Rajesh (A-4) were dismissed by the High Court and the sentences were also confirmed. The present appellants have challenged the judgment of the High Court; however, Rajesh (A-4) has not come before us. The reference was answered in affirmative and the High Court confirmed the death sentence in case of Ramesh (A-3) and that is how the matters have come up before us.

17. In so far as accused Gordhan is concerned, Shri Lahoti, learned counsel appearing for him, led much stress on the fact that there was no blood found on Gordhan's pant and T-shirt. The learned counsel further says that it is obvious that Gordhan was not the participant in the crime. That statement is clearly incorrect. Insofar as his T-shirt is concerned, Exhibit P-126 clearly speaks that human blood was found on his shirt. As if this was not sufficient, his shoes were also found to be stained with human blood. Therefore, Exhibit P-126 would falsify the claim on behalf of accused Gordhan that he was not connected with the crime. It is only his pant which seems to be innocuous in the sense that no blood was found on the same. However, there is no explanation by Gordhan as to how his T-shirt and shoes were found to be stained with human blood. Shri Lahoti attacked the recovery of clothes as well as the ornaments on 9.2.2003. The prosecution has relied on PW-6, Mohan Lal, PW-7, Dev Kumar and PW-11, Ajit Jain. The recovery of clothes was on 9.2.2003, while the ornaments were recovered on 13.2.2003 and 19.2.2003. It was only the gold chain which was recovered on 19.2.2003 from him. Rest of the ornaments were recovered from him and it was found at 24 the time of recovery that the ornaments were kept in a Katordan. It is specifically mentioned therein that the name of Ramlal was engraved on the said Katordan. The learned counsel very vehemently attacked this so-called recovery which was made on 13.2.2003. The recovery appears to have been made on 09.2.2003 vide Exhibit P-

25. In short, we are of the opinion, that the appeals filed by the accused persons, namely, Gordhan (A-1) and 40 Bharat Kumar (A-2) have to be dismissed and they are dismissed. Even accused No.3, Ramesh has been convicted. We confirm the conviction of Ramesh. However, Ramesh has been awarded death sentence. We would, at this juncture, consider as to whether the death sentence is justified in the present case.

The observations are extremely germane to the question before us.

33. In our opinion, there has been no such exercise taken either by the trial Court or appellate Court nor do we find any discussion about the life imprisonment being rendered futile and serving no purpose. 48

35. We must also take into consideration that this was the first proved offence of accused Ramesh. No other conviction has been proved against him by the prosecution. Since this is his maiden conviction, we do not see as to how accused Ramesh cannot be reformed. Further we do not see this to be an offence by the organized criminals so as to affect the society as a whole.

39. In short, we are of the opinion that the death sentence awarded to Ramesh would not be justified and instead we would modify the same to life imprisonment. However, conviction for the other offences as also sentences awarded are confirmed. All the three appeals are accordingly dismissed with the modifications of sentence in Criminal Appeal No.1236 of 2006 filed by Ramesh.

February 22, 2011.