115 of 1979.
The prosecution story, to put briefly, was that the deceased victim Bhagtu Ram Kumbhar was the real brother of the accused Shyolal.
Evidently, they did number succeed.
One of the daughters of Bhagtu Ram raised some cries and tried to escape, but was instantaneously done to death.
The learned Sessions Judge found all the accused guilty of the offences they were charged with.
The remaining two accused, who are the appellant before us, were sentenced to death with a reference to the High Court.
He rushed to the Sarpanch, Sahi Ram PW 6 and told him what he had seen.
Before leaving village Birkali, he had mortgaged his share in the property m favour of some one for a sum of Rs.1,200/ The deceased Bhagtu Ram redeemed that mortgage.
We have heard the companynsel on both sides.
They were the onginal residents of village Cigorani district Sirsa in the State of Haryana.
and they purchased 50 Bighas of agricultural and for cultivation Both the brothers jointly lived in Birkali for two or three years and thereafter Shyolal returned back to his native village Cigorani.
Sahi Ram also came and saw the place.
He thus became an approver.
On July 16, 1979, the appellants and two other persons including Banwari armed with different weapons went to the village Birkali They entered the house of Bhagtu Ram in the dead of night and started killing the inmates one by one.
On Sunday proceeding the incident, the Shyolal and other accused said that they would go next day to village Birkali and would take back the possession of the fields from Bhagtu Ram.
Shyolal thereafter, demanded his share m that property.
It is said that thereafter the Shyolal started harbouring an ill will against his brother Bhagtu Ram.
Nearly 15 or 20 years ago, both the brothers came to live m village B.rkal.
He also got frightened and did number intervene.
208 of 1985 maintaining the companyviction and accepting the reference on sentence of death awarded to the appellants under section 302 read with section 34 of the Indian Penal Code by the Additional Sessions Judge in SC No.
So they quietly left the place.
At about sun rising, Birkali, PW 5 while passing by the house of Bhagtu Ram, saw the dead bodies of Bhagtu Ram and members of his family.
Hence this appeal.
Bhagtu Ram agreed, provided Shyolal paid him the amount of Rs.
P. 22 sent through Saheb Ram PW 7 , the peon of the Gram Panchayat.
1,200/ which he had paid to the mortgage That was number acceptable to the Shyolal.
In the night between 16 17th of July, 1979 the entire family companysisting of father, mother, son and five daughters were done to death when they were fast sleep in their residence in village Birkali.
Two or three months before the incident, the parties appeared to have approached the influential persons of the village to get the matters settled Nanusingh, PW 10 the ex Pradhan of the Panchayat Samiti, Nohar and the other person of the village B.rkal, tried to settle the dispute between the two brothers.
The High Court, accepted the reference, and maintained the companyviction and sentence awarded by the Sessions Judge.
Hearing her cries, Khyali Ram, PW 3 and Ram Kishan, PW 4 whose houses are situate number for away, came there and saw a part of the occurrence They companyld number do anything since they were terribly frightened.
1,200/ to Bhagtu Ram.
The accused Shylal told Nanusingh and others that he would himself settle the dispute without anybody s intervention.
The police was informed by sending a message with the signature of Sahi Ram Ex.
Since one of the them was held to be a child, as defined in the Rajasthan Children Act, 1970, his case was referred to the Children Court, Bikaner.
Jaisingh, PW 9, who was sleeping on the roof of the neighbouring house, got up on hearing the numberse.
The accused, after companymitting the eight murders left the village Birkali.
Shyolal was number willing to pay the amount of Rs.
Jagannath Shetty, J. This appeal by special leave has been preferred against the judgment dated July 31, 1986 of the Rajasthan High Court, Jodhpur Bench in Criminal Appeal No.
The prosecution in all examined 18 witnesses in the companyrse of the trial and the accused, Banwari was granted pardon under section 307 of the CrPC.
