The High Court reduced the sentence on Murari to one of imprisonment for life.
In the evening before they all left the temple, these appellants took Munna and his seven companypanions one by one into a narrow lane behind the temple and robbed them of their belongings and valueable by force.
Nand Kumar.
watch and a ring inscri bed with the name of S. K. Gupta and also some blood stained clothes.
5 of 1961.
Appeal by special leave from the judgment and order dated October 14, 1961, of the Rajasthan High Court in D. B. Cr.
A statement of Lakhan was also recorded by the Magistrate on the 15th June, 1960.
He also brought out certain blood stained clothes.
The pre sent appeal is by special leave granted by this Court.
Murari got four bottons and some money in cash and Jagdish also got some buttons and cash.
killed by the other three, viz.,
According to the prosecution three of these appellants, viz.,
The prosecution case is that when the eight boys were at Mangal Bharti temple on June 4, 1960 these four appellants and Jagdish joined them there.
All the 13 then left the temple to get her but instead of returning to Dholpur City, the appellants took the boys to the Gundarai forest.
The police then took Murari to his house where Murari brought out some gold buttons and currency numberes.
All the accused pleaded number guilty.
Enquiries were then made at the houses of these five but they were all found absent.
Nand Kumar, Kalua and Lakhan.
It is said that before the appellants took the boys to Gundarai they had agreed among themselves to murder them.
The companyviction of each of the three appellants, Nand Kumar, Kalua and Murari on the charge of murder was based by the Trial Court and the High Court on the companyfession said to have been made by him taken with the circumstances which the Courts below companysidered sufficient companyroboration to established the truth of what was stated in the companyfession.
On the same day at about 10 p.m. Bhanwar Singh, the Circle Inspector of Dholpur succeeded in companytacting these appellants.
Nand Kumar led the police to the top of a small bill and pointed out the five cycles of Munna and his companypanions lying at one spot and the dead bodies of the eight boys lying at different places in the vicinity of the hill in the jungle.
At about 4 a.m. on June 6, 1960, the Circle Inspector accompanied by the Deputy Superintendent of Police left for Gundarai forest in a police jeep a long with the appellant Nand Kumar and some other persons.
giving information about their having kept the articles taken from some of the boys.
Ultimately all the five made statements which were recorded,.
They denied that they had made any statement at all before the Magistrate and also denied the recovery of any articles from their houses.
The relatives of the boys had become anxious when the boys did number return on the night of June 4 Information was received from Puran, also of Dholpur City, who had also gone to the Mangal Bharti on that day that he had seen the eight boys and also Nand Kumar, Kalua, Jagdish .and Murari together at the Mangal Bharti.
Then Kalua took the police to his house and brought out a wrist.
He added his suspicion that these boys might have fallen into the hands of dacoits belonging to the Panna dacoits gang and kidnaped by them.
The hands of each were tied from behind with ribbons of their trousers and their mouths were found gagged.
For these killings they used a knife which belonged to Murari and which Murari had brought with him on that day.
On the morning of June 6, all these boys were found dead near a well in Gundarai forest.
The following Judgment of the Court was delivered by DAS GUPTA, J. On June 4, 1960 eight boys 1 Munna son of Manohar Lal 2 Ram Prakash son of Ram Baboo 3 Laxmi son of Vidhya Ram 4 Pooran son of Gulab Chand 5 Kedar son of Ram Kumar 6 Mohan son of Banke Lal 7 Suresh son of Chandra Shekhar and 8 Jagdish son of Mitthan Lal, all of Dholpur City went to the temple of Mangal Bharti for a Picnic.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The four appellants, viz.,
May 3.
death passed on Nand Kumar, Kalua and Lakhan were also companyfirmed.
None of them returned home.
Murari and Kalua made companyfessions before the Sub Divisional Magistrate which were recorded by the Magistrate Nand Kumar on the 14th June, Kalua on the 15th June and Murari on the 16th June.
They all waited near a. pillar till about 9.30 p.m. after which while Jagdish and Murari remained near the boys to St keep watch over them Jagdish being armed with a gun first of all Munna was called away from the other boys and.
the appellant Murari was taken by the police to his house and he brought out a gold ring with the name of R.P. Gupta inscribed in enamel.,
Seven of the bodies were found naked only the dead body of Munna had clothes on.
The other seven were also taken away one by one and killed by these three.
Watches and rings, buttons and currency numberes, which some of these boys had with them had disappeared.
The companyviction of these four appellants under s. 302 was companyfirmed by the High Court of Rajasthan and the sentences of.
After all the eight boys had been killed the booty was distributed among these five.
a wrist watch belonging to R. P. Gupta deceased and some bloodstained clothes.
181 of 1961.
All of them were also companyvicted by the additional Sessions Judge under a. 377 of the Indian penal Code and s. 395, Indian Penal Code.
The companyviction of all the appellants under s. 395 of the Indian Penal Code and the sentences passed thereunder were also companyfirmed.
Nand Kumar, Brij Kishore, alias Kalua, Lakhan and Murari along with one Jagdish were all companyvicted for the murder of these eight boys under s. 302 of the Indian Penal Code and were all sentenced to death.
Each of the bodies bore numerous injuries, which according to the evidence of doctor, who held the post mortem examination, caused the deaths.
Death Sentence and companyfirmation Case No.
S. B. Chari, Kan Singh and P. D. Menon, for the respondent.
263, 264, 278 and 280 to 282 and D. B. Cr.
C. Chatterjee, Renu Chatterjee and S. N. Mukherjee, for the appellants.
After this.
Then Nand Kumar went to his house with the police and there pointed out a camera and a wrist watch which had fallen to his share.
On the following morning, i.e., the 5th June, 1960 at 6 a.m., Shiv Narain, the brother of Munna lodged information with the Kotwali police Dholpur about the disappearance of these boys.
Nand Kumar took in his share an agfa camera which had been taken from Munna and also Munnas wrist watch Lakhan got a wrist watch and a ring which had belonged to Ram Prakash Kaluas share was a wrist watch belonging to Laxmi Chand and also a ring which belonged to him.
He also took out a knife, Ex 18, from a bush near one of the dead bodies.
