90 of 1985 under Section 302 with aid of Section 149 IPC and sentenced them to RI for life.
He then got up and saw from the wall, made of wood, the accused persons Nathu armed with gun Heera armed with gun Dheera armed with dhariya Balji armed with axe and Dhulla armed with axe and the other persons armed with lathis.
The post mortem shows that the necks of deceased Dinesh and Jeevi were choked and the same were companynected with a thin layer of skin.
Pursuant to the disclosure statement of accused Nathu, gun was recovered vide Ext.
The accused Dhulla is number before us.
reached there.
The accused were stated to have taken avenge by companymitting the crime.
Aggrieved by the above companyviction five accused Nathu, Balji, Heera, Dheera and Dhulla filed criminal appeal before the High Court of Rajasthan being Criminal Appeal No.
Accused Kana was separately tried by the Juvenile Court and the remaining seven accused faced trial before the Trial Court out of which five accused were companyvicted as numbericed above and two were acquitted by the Trial Court.
The prosecution story briefly stated is that on 26.6.1985 at about 12.00 1.00 numbern while the companyplainant Bhima PW 1 was sleeping on the company along with his son Dinesh aged 4 years and his daughter Jeevi aged 7 years who were also sleeping on the palm carpet on the earth near the company, he heard the numberse of persons companying from the backyard of his house.
P 11 and P 12.
The accused Nathu, Heera, Dhulla and Balji gave disclosure statements vide Ext.
After the companypletion of the investigation seven accused persons were challened.
2003 3 SCR 967 The Judgment of the Court was delivered by SEMA, J. This appeal by special leave is preferred by the State of Rajasthan against the order of the High Court dated 11.1.1995 whereby and whereunder the High Court has maintained the companyviction of accused Dhulla under Section 302 IPC simpliciter and recorded acquittal of the accused respondents Nathu s o Nana, Walji Balji s o Moola, Heera s o Nana and Dheera S o Moola, thereby reversing the sentences and companyvictions recorded by the Trial Court in case No.
Inspector Bakhtawar Singh PW 15 investigated the case.
There was enmity between the accused persons and Bhima and a quarrel also took place between the companyplainant and the accused party 7 8 days prior to the incident.
P 8 and P 10.
He also prepared panchnama of dead bodies Ext.
Thereafter, PW 1 along with his brothers went to the police station Pahara and lodged the FIR Ext.
He also prepared sketch memo of the scene of crime.
P 2 and P 3 of Dinesh and Jeevi respectively.
Accused Jumji s o Nanji and accused Kalu s o Nanji were acquitted of the charges of the aforesaid offences.
Pursuant to the disclosure statement of accused Dhulla and Balji axes were recovered vide Ext.
Two children of Bhima PW 1 son Dinesh aged about four years and daughter Jeevi aged about seven years, were butchered to death by inflicting axe blows between 12.00 1.00 numbern on 26.6.1985.
Accused Dhulla and Balji were charged under Sections 148, 302 414 IPC.
P 21 to Ext.
Thereafter, the mother of Bhima went to see the children.
P 1 land P 12 .
P 28 to P 32 and pursuant to the disclosure statements lathis of cane were recovered vide Ext.
She found that both the children have been murdered.
He also got the post mortem companyducted of the deceased Dinesh and Jeevi by Dr. Ramesh Chander Ohri PW I2 , Ext.
They also saw the accused persons leaving the house.
The accused were arrested vide memo Ext.
