Thus inspite of this, they have killed the said persons even it was number necessary for them for companymitting the robbery.
The prosecution evidence further discloses that the accused No.2 Jitu demanded her son from deceased Hemlata Navandhar and when she refused to give him by saying that they may kill him, on that the accused No.
The accused No.1 Narayan assaulted the maid servant with the Churri Art,147 so forcibly that he caused her as many as 12 external injuries and 5 internal injuries.
All women and children were killed one by one by inflicting numerous knife blows on their persons.
The medical evidence shows that out of the external injuries, four external injuries were on the palm showing that the said maid servant Satyabhamabai Sutar tried to save herself getting Churri blows on her vital part of her body by taking the same on her palm.
Raju PW2 was asked by Accused No.1 to wash the blood stained clothes.
After scanning the whole of the prosecution evidence, hearing the oral submissions and perusing the written arguments, the Trial Court, in a very lucid and detailed judgment, companyvicted and sentenced the appellants as under The accused No.1 Narayan is companyvicted for the offence punishable under Section 302 of the Indian Penal Code for causing the deaths of deceased Meeradevi Kesrimal Rathi, deceased Babita alias Nita Sanjay Rathi deceased Priti Kesrimal Rathi, deceased Chirag Rathi, deceased Hemlata Shrikant Navandhar and deceased Satyabhamabai Damu Sutar , for the offence punishable under section 302 read with 120 B of the Indian Penal Code for causing the death of deceased Pratik Navandhar , and for the offence punishable u s 120 B of the Indian Penal Code, and is sentenced to death and he be handed by neck till he is dead and to pay a fine of Rs.10,000/ I d to suffer R.I for three years on all companynts.
I am satisfied from the said companyfessional statements made by this accused Rajendrasingh alias Rajusingh Ramlal Purohit and other material on the record of this sessions case that this accused Rajusingh alias Raendra Singh Ramlal Purhoit has participated into the entire incident involved and thus his privy with all the happenings at the time of incident.
Sharmila Dhade.
The accused No.1 Narayan and accused No.2 Jitu killed deceased Chirag Rathi and deceased Pratik who were aged 1 to 2 years old even though they were number having any fear or identification of themselves.
He went away and on his return, upon inquiry, he told that the knives were hidden near the latrine.
Accused No.1 then caught hold of Hemlata who put some resistence and in the process fell down.
Hemlata was also killed by inflicting knife injuries.
He was employed in Bombay Vihar situated at Laxmi Road, Pune since June, 1994.
Meerabai was done to death with the knife blows inflicted by Accused No.1 and was left to lie on bed where she died.
On receipt of the said application, the Trial Court directed the Superintendent of the companycerned jail to produce the aforesaid accused in the Court on 4.1.1996 at 11 a.m. The arguments on the application of the prosecution were heard after affording the advocates of the appellants an opportunity of addressing the companyrt.
Pratik, her son was tried to be taken from her, which she resisted.
The evidence of approver Raju P.W. No.2 which is accepted by this Court discloses that the accused No.1 Narayan, killed deceased Meeradevi Kesrimal Rathi, deceased Nita alias Babita Rathi, deceased.
Sanjay Rathi went to the shop and brought the duplicate key.
On the night of 23rd August, 1994 they decided to companymit theft robbery at the house of Rathis.
Accused No.1 was arrested on 5th September, 1994, Accused No.2 on 21st November, 1994 and Raju PW2 on 15th October, 1994 from different places in Rajasthan.
On proof of the charge that the appellants had companymitted the murder of five innocent women, one of whom was pregnant, and two children of teenage of one and a half years and two and a half years, they were companyvicted and sentenced to death alongwith other sentences, by the Trial Court.
Accused persons left their room at about 12 Noon for going to the house of Rathis.
In the identification parades they were identified by various witnesses.
They reached near the house of Rathis at about 2 p.m. They saw one motorcycle kept near the said building which was identified by Raju PW2 as belonging to Sanjay Rathi, PW1.
After recording the statement of the prosecution witnesses the learned Trial Judge recorded the statement of the accused under Section 313 of the Criminal Procedure Code.
They rushed out crying and saying that the police be called.
In the companyrse of his employment he used to go to the house of Rathis to bring Chappatis for servants of the shop, daily and thus acquainted himself with the family members of the companyplainant as also their maid servant.
Preeti, his wife deceased Babita and his son deceased Chirag were residing in Flat No.6 on the Second Floor of Himanshu Apartment, Shilavihar Colony, Puad Phata, Kothrud, Pune.
Accused No.2 took the knife from Accused No.1 and gave blows to the child and killed him.
Raju held Satyabhamabai Sutar and accused No.1 gave knife blows resulting in her death.
Raju PW2 took Preeti into the bath room at the instance of Accused No.1 who cut a length of wire of washing machine and used it to choke her to death, who however, survived.
However, after the passage of some time and companysolation by Vikram Pawar, Sanjay Rathi told the police that a cash of Rs.85,000/ besides gold and silver ornaments was missing.
They stayed and surveyed the said area and found that the area remained isolated during 2.00 p.m. to 4.00 p.m. They decided to companymit the act of theft after killing all the persons, whosoever were found at the house of Rathis during the aforesaid period only.
Blood stained clothes of Accused No.2 were put in the air bag along with stolen articles.
On the date of occurrence the appellants were of 20 22 years of age.
Meanwhile Damu Sutar, the husband of the maid servant had also companye there.
One of the daughters of Keshrimal Rathi, deceased Hemlata was married to Shri Shrikant Navandhar PW15 in the year 1992 and had companye to her parents house along with her son on the fateful day.
They made disclosure statements companysequent to which various articles were recovered vide panchanamas prepared in accordance with law.
He suggested to purchase a knife because all the inmates of the house were to be killed so that number one companyld depose anything against them.
On reaching back in the room in the Nagpur Chawl, they companysumed the liquor brought by PW2 and moved around the area for about an hour or so.
At the time when they were about to leave the flat, the phone installed therein started ringing.
Despite the death spree caused, they did number think even to leave that child alive.
Realising that Sanjay Rathi, PW 1 was at his house, they returned to the main road and watched.
securing weapon i.e. Chhuri Art.147 and also surveyed the area around the building housing the flat of Rathi on the earlier day.
On the road they boarded a Rickshaw and came back to their room in Nagpur Chawl.
Accused No.2 gave her blows by putting his knees on her stomach and when she was immobilised this way, the Accused No.1 gave her knife blows on her neck with the result she also died.
The almirahs were found open.
and ordered that accused Raju was tendered pardon on companydition that he shall make a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence.
Pratik was killed by Jitendra Jitu Nayansingh Gehlot hereinafter referred to as the accused No.2 .
Accused No.1 and Accused No.2 were also working at the said Bombay Vihar during the aforesaid period as Cook and Counter Salesman respectively.
He has admitted that Raju PW2 was working in Bombay Vihar where he also worked.
He found that the door of the flat was half open and when he peeped into the said flat he saw the maid servant, deceased Satyabhamabai Sutar cleaning the floor with the water.
Accused No.2 Jeetu threw chilly powder on the inmates of the flat who had companylected into the hall on hearing the call made by the maid servant.
After companypleting the crime of theft robbery and murders, the accused persons came out of the house with the air bag in which they had kept the blood stained clothes, knives and stolen property.
His father told him that numberody from the family members had companye to the shop number did he receive any message from them.
Accused No.2 handed over the packet companytaining remaining chilly powder to Raju, PW2 and directed him to sprinkle it on the victims if they started shouting or making any other effort.
Almirahs found in the flat were emptied to the extent the accused companyld put articles and other cash and valuables in the air bag obtained from the said flat.
The High Court accepted the Reference made for companyfirmation of the death sentence and dismissed the appeals filed by the appellants for setting aside their companyvictions.
Raju Rajpurohit who was Accused No.3 and later after becoming approver appeared as PW2, a resident of Muklava District, Ganganagar, Rajasthan after passing 11 standard examination in the year 1993 94 came to his elder brother Kalyan Singh at Pune for the purposes of getting further education while working or serving there.
All the three accused persons were companymitted to the Court of Sessions for standing trial of various offences under the Indian Penal Code as numbericed earlier.
Both of them went back to the house of Rathis by 6.45 p.m. Sanjay Rathi PW1 rang the door bell and as numberody opened the door, he made inquiries from Smt.
Accused Nos.1 and 2 took her to the said room.
Entry about the information was recorded in the Station Diary whereafter PI Vikram Pawar along with his staff rushed to the Apartment building.
On the next day at the instance of Accused No.1 Raju brought Newspaper Prabhat and Aaj Ka Anand wherein the incident of murders and dacoity was reported without indicating the identity of the accused persons.
Again companying back to the said room, Accused No.1 declared that he will go and hide the knives.
Upon enquiry about the child she was told by Accused No.2 that the child had been given to her grandmother.
Both the accused persons are companyvicted for the offence punishable under section 397 read with 120 B of the Indian Penal Code and each is sentenced to suffer R.I. for seven years and to pay a fine of Rs.5,000 I d to suffer further I. for two years for such offence.
Sanjay Rathi was asked to verify the purportedly stolen articles.
Thereafter Raju and accused No.1 went towards a room where the married daughter of Rathis was held up by Accused No.2.
The prosecution case, as revealed from the investigation and official report filed in the Court, is that companyplainant Sanjay Rathi PW1 along with his father Keshrimal Rathi, his mother deceased Meerabai Rathi, his younger sister deceased Km.
The aforesaid accused was directed to be sent to the District Prison, Satara and be detained there until further orders.
Sanjay Rathi, PW1 came to his house at about 1 p.m. to 1.30 p.m. on his motorcycle.
The said companyfessional statement was received in this Court in a closed envelope on 21.12.1995 from Shri G.H. Komne, Special Judicial Magistrate and since the said envelope was number bearing lac seals on the packet I kept the said envelope in another envelope, closed the said envelope and got the lac seals put on it.
All of them went inside and found that the child, Pratik had number died.
Shri Khomane, Special Judicial Magistrate was also directed to record the companyfessional statement of Raju.
As he companyld number wash the blood stained clothes of Accused No.1 he put back the ring in the pocket of the pant which was later on companycealed in the tin roof.
On 25th August, 1994 at about 11 a.m. to 12 Noon, the accused persons went towards the house of Rathis to observe the situation.
The child was suffocated by gagging and when his movements stopped, the Accused No.2 put down the child on the floor saying he had died.
Accused No.1 told Accused No.3 PW2 to go ahead into the house of Rathis and start talking with the family members in respect of his service and by that time they would reach there after chaining the doors of other flats in the said building from outside.
Not satisfied with the judgment of the High Court, the present appeals have been filed in this Court by special leave.
Accused No.2 helped himself to a black shirt.
They also decided to sprinkle chilly powder in the mouth and eyes of their victims to immobilise them for easy killings by the accused.
The family members of Rathis were taken to different rooms in the flat.
Accused No.2 agreed to sell his silver anklet and out of its sale proceeds to purchase a new knife.
The accused No.2, Jitu is companyvicted for the offence punishable under section 302 of the Indian Penal Code for causing the death of Pratik Shrikant Navandhar and for the offences punishable under section 302 read with 120 B of the Indian Penal Code for causing the death of deceased Meeradevi Rathi, deceased Babita alias Nita Rathi, deceased Hemlata Shrikant Navandhar, deceased Priti Rathi, Satyabhamabai Damu Sutar and Chirag Rathi and for the offence punishbale under section 120 B of the Indian Penal Code and is sentenced to death and be handed by neck till he is dead and to pay a fine of Rs.10,000/ I d to suffer R.I for three years on all companynts.
While dealing with the question of sentence the Trial Court, after referring to various judgments of this Court held In the present case, the following facts are fully established, Both the accused persons and approver Raju selected the place of crime as the house or flat of Rathi and the time in between 2.00 p.m. to 4.00 p.m. so that there companyld be only female members and the children at the house flat of Rathi and numberother persons except Kumari Poornima Dadhe and Mrs. Khara were in the same building.
Both the accused persons and approver Raju made a planning about companymission of robbery and killings by discussing about it.
Thereafter all the three went to a room in Nagpur Chawl in which Accused No.1 was residing and started living there.
The said Sh.
Accused No.2 assured her that he will number kill the child but will give him to his grandmother and threatened that if the child was number given to him, he will kill the child.
On 24th August, 1994 all the accused persons discussed the details of the plan to companymit the theft and killings at the house of Rathis.
The Trial Court, after hearing accused Raju observed On query by this Court he stated before me that he is prepared to make a full and true disclosure of the whole of the circumstances within his knowledge regarding these offences and the entire incident involved and that he is ready to accept the pardon.
Accused No.2 requested the proprietor of the shop to purchase his said silver anklet.
To accomplish the companyspiracy hatched he gave knife blows to her which resulted in her death.
While washing Pant of Accused No.1 Raju found one gold ring in the pocket which he took out and kept with him.
Both the accused persons are companyvicted for the offence punishable under section 449 read with 120 B of the Indian Penal Code and each is sentenced to suffer R.I. for seven years and to pay a fine of Rs.5,000 I d to suffer R.I. for two years for such offence.
Her son Chirag was also likewise killed by the aforesaid accused.
On behalf of Accused No.2 besides making oral submissions his companynsel submitted written arguments companyprising of 470 pages Exhibit 349 companytained in Vol.
As Accused No.2 was number having the purchase receipt of his anklet, the shopkeeper refused to purchase it.
The accused thereafter went to the jewellery shop where the silver anklet was pledged.
After the companymitment but before the companymencement of the trial Accused No.3 Raju Rajpurohit sent a letter to the Commissioner of Police repenting and expressing his wish to make a companyfessional statement.
Today I opened the said sealed envelope of this Court and also the inner envelope and took out the said companyfessional statements in open companyrt and then perused the same.
Raju, PW2 actively participated and facilitated the companymission of the crime.
At this time Accused No.2 went to him and informed that he too has left the job at Bombay Vihar and, therefore, Raju should talk to his employer to keep Jeetu in their service.
On 26th august, 1994 at about 8.45 a.m. the companyplainant Sanjay Rathi is stated to have left his house for his shop.
In the bathroom he found Preeti alive and told his other companyleagues that she was still alive and had number died.
After being rendered jobless and the limited amount they had with them being spent, they started thinking about their future.
All the deaths, except of Pratik child of one and a half years were actually caused by the brutal knife blows inflicted by Narayan Chetanram Chaudhary hereinafter referred to as the accused No.1 .
They went to the shop of Shrinagar Jewellers on 24th August, 1994 in the evening.
Raju kept for himself a mouth organ, camera and a lady wrist watch of Rico make as also some companyns of Nepal origin.
The Trial Court accepted the application and directed the Superintendent of Prisons to allow to get the companyfessional statement of Raju recorded.
Accused No.2 and Raju PW2 then came out and joined Accused No.1 who was standing before Hemlata.
The accused Rajusingh alias Rajendrasingh Ramlal Purhoit has also shown his willingness to become a approval and to make a full and true disclosure of the whole of the circumstances within his knowledge relating to the offences and the every other persons companycerned whether as principle or abetor in the companymission thereof and further shown his willingness to accept pardon if the same is tendered to him.
On 3rd January, 1996 an application under Section 307 of the Cr.
He entered the flat and the appellants followed him.
It is clear from the record of this sessions case that there is only circumstantial evidence and there are numbereye witnesses of this incident, and therefore, with a view of obtaining at the trial the evidence of any person who have witnessed the incident, it is necessary to tender pardon to the present accused Rajendrasingh alias Rajusingh Ramlal Purohit as prayed by the prosecution.
Both the accused persons are further companyvicted for the offence punishable under section 342 read with 34 of the Indian Penal Code and each is sentenced to suffer R.I. for one year and to pay a fine of Rs.500 I d to suffer R.I. for one month for such offence.
Appellant Jeetu closed the door from inside.
After reading such news item they agreed to part companypany and to meet at Ahmedabad on 29th August, 1994.
Vikram Pawar along with Sanjay Rathi PW1 and Shrikant Navandhar, PW15 entered the flat and saw the maid servant Satyabhamabai Sutar, Preeti, Meerabai, Pratik, Babita, Hemlata and Chirag lying dead in pools of blood in the kitchen, bathroom, bed room and the store of the flat of Rathis.
Mangalsutra and one HMT watch was taken away by Accused No.1.
The deceased, victims of the crime, included Meerabai Rathi, aged about 45 years, her daughter in law Babita Nita Rathi, aged about 24 years, her unmarried daughter Preeti aged about 19 years, her married daughter Hemlata aged about 27 years, her maid servant Satyabhamabai Sutar aged about 42 years, Chirag, son of Babita aged two and a half years, Pratik, son of Hemlata aged one and a half years.
JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Thereafter Hemlata, deceased with her husband and son JJJJJJJJJJ arrived at the house of Rathis in companynection with tying Rakhi to her brother PW1 as she had number companye for the said purpose on the day of Rakhi, Poornima Festival on 21st August, 1994.
The companyfessional statement, as recorded by Special Judicial Magistrate PW41 was received by the Trial Court in a closed envelope.
Thereafter Babita Nita was taken to another room, apparently for getting the valuables and was killed by Accused No.1 by inflicting knife injuries on her person.
Sanjay Rathi PW1 opened the door with the duplicate key in the presence of Shrikant Navandhar PW15, Damu Sutar and Smt.
None of the accused, however, led any defence evidence.
Seeing a knife in his hand and realising the danger to her life as also the lives of the rest of the members of the family she immediately pointed out a finger towards an almirah inside the room.
On getting reply in the negative, Sanjay Rathi made inquiries from his relatives and family members by making phone calls from the house of Mrs.Khara as to whether his family members had gone there and on receiving the information in the negative he telephoned his father at the shop.
They had taken with them chilly powder regarding which decision had already been taken, as according to them its throwing in the eyes of victims would have facilitated the companymission of the crime.
After the doors of all other flats were chained from outside, Raju PW2 went to the flat of Rathis.
PI Shinde PW 63 filed an application in the Trial Court along with letter of accused Raju dated 22nd November, 1995 praying the permission of the Court for getting the companyfessional statement of the accused Raju Rajpurohit recorded.
Dhade as to whether the key of the door of his flat was kept at their houses.
They went to the shop of Jaswant PW5 and purchased one utility knife of Fiscer make Article 147 for Rs.55/ .
Before leaving the scene of occurrence Accused No.1 changed his pant which was blood stained and also put on him khaki jerkin clothes which were available in the house.
Khara and Smt.
Accused No.1 cut the telphone wires with his knife.
However, as the accused persons were then residing at Nagpur Chawl which was adjacent to the Shrinagar Jewellers shop, the anklet was kept as pledge and they were given a sum of Rs.90/ as loan.
As numbericed earlier, Sanjay Rathi, PW1, his brother in law Shrikant Navandhar PW15 had left the flat before the accused attacked the victims.
At this stage they heard the cries of child from the room where Meerabai was lying dead.
They met at Ahmedabad and again dispersed.
Raju requested Sanjay Rathi to employ Accused No.2 but as he demanded a salary of Rs.1200/ , Sanjay Rathi expressed his inability to provide him the job.
Raju worked with the Rathis for about two to two and a half months.
When his request for enhancement of salary was declined by the Rathis, he left their service.
After being acquainted with each other, all the three became friends.
Two of the neighbours went to Kothrud Police Station and informed the police that several persons had gathered in front of the Apartment in which the flat of Rathis was situated.
Vishwajit Joshi, PW9 saw accused persons companying out of the companypound wall of the companycerned Himanshu Apartments where the flat of the Rathis was located.
Meanwhile, after reaching Nagpur Chawl, where the accused persons were residing, JJJJJJJJJJJJJJJ Accused No.2 asked PW 2 Raju to bring liquor and some JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ edibles for which he was given Rs.200/ .
Both the accused in addition to other injury or injuries, invariably caused injuries on the necks of the victims which fact clearly shows that were intending to cause their deaths only.
The air bag was opened in which they had kept their blood stained clothes, mouth organ, knives, camera, one bundle of Rs.500 currency numberes denomination, one bundle of Rs.100 currency numberes denomination, one bundle of Rs.50 currency numberes denominations and bundles of Rs.10/ denominations, besides gold and silver ornaments.
Sanjay Rathi was number in a companydition to check the articles on account of the shock received after having seen the dead bodies all around in his flat.
The murders were apparently companymitted to wipe out all evidence of robbery and theft companymitted by the accused persons.
When they came out of the bathroom, they heard some numberse from the bathroom which prompted accused No.1 to go again inside.
The High Court also accepted the Reference made to it by the Trial Court for companyfirmation of the death sentence.
Raju, PW2 was removed from Bombay Vihar on 8th June, 1994 whereafter he got the service at Sagar Sweet Mart owned by Keshrimal Rathi and his son Sanjay Rathi companyplainant .
I have carefully perused the entire record of this case and also the companyfessional statement of this accused Rajendrasingh alias Rajusingh Ramlal Purohit which has been recorded by Special Judicial Magistrate, Pune.
P.C. was filed on behalf of the prosecution with a prayer to tender pardon to accused Raju Rajpurohit, on making necessary inquiries and on the companydition of his making true and full disclosure of all the facts within his knowledge.
IV of the paperbook .
Subsequently when they were about to leave the said flat, on hearing the cry of the small child Pratik, accused No.2 Jitu alongwith the other accused Narayan and approver Raju went near him and there the accused No.2 Jitu took the Churri Art.147 from accused No.1 Narayan and assault Pratik on his neck causing his instant death.
After about one hour they again returned near the building of Rathis.
On hearing the cries of companyplainant Sanjay Rathi, the neighbourers and by passers got companylected in front of the building.
Realising that the middle aged woman Meerabai, who had raised her voice, was the lady of the house, Accused No.1 promptly asked her about valuables.
In the afternoon they purchased the Evening Newspaper Sandayanad which carried further details of the incident and mentioned the name of Accused No.2 being probably responsible for the crime.
Raju PW2 took Satyabhamabai Sutar in the kitchen where the accused No.1 had already reached and was washing the blood stained knife.
Golden chain, three golden bangles and one golden ring, having S.R. written on it, were taken away by Accused No.2.
Upon entering in the flat they saw the maid servant Satyabhamabai Sutar lying dead in a pool of blood.
Accused No.1 denied that he knew Raju PW 2 at all.
Thus the acts of both the accused in killing the said five ladies and two children was of extreme brutal involving exception depravity as companytemplated by the Honble Supreme Court in the above referred Bachansinghs case, it was numberhing less that butchering them.
Accused No.1 was armed with the new knife and Accused No.2 with the old one.
We have heard the learned companynsel for the parties appearing in the case and perused the record.
They hatched a companyspiracy and made up a plan of robbing the house of some seth i.e. a businessman.
The said fact however did number make the accused No.1 Narayan giving further blows assault to her with the Churri.
Hemlata Shrikant Navandhar deceased Satyabhamabai Damu Sutar, deceased Priti Rathi and a small child Chirag Rathi by taking them to various rooms in the flat and accused No.2 Jitu killed the child Pratik Navandhar, even though all the said ladies were saying that the accused persons may take away all that they wanted but should number kill them.
Sanjay and his brother in law Shri Shrikant Navandhar, PW15 took their meals and went to the companyplainants shop.
After numbericing that the motorcycle of Sanjay Rathi was number there, they decided to execute their plan.
Accused No.1 told the other accused that before companymitting the theft robbery they have to make some further preparations.
The evidence further discloses that deceased Priti was first strangulated with the wire of washing machine to such extent the blood started oozing from her mouth and subsequently on hearing the voice companying from her mouth, the accused No.1 Narayan assaulted her with the Churri on her neck which resulted into her death.
SETHI,J. LITTTTTTTJ Three desperadoes, the two appellants and one Raju PW2 who had gone amuck, companymitted the heinous crime of murders in a most ghastly and shocking manner for which the appellants were charged with various offences punishable under Sections 120B, 302, 34, 342, 392, 297 and 449 of Indian Penal Code.
The words uttered by him at that the like the child was still alive shows his merciless and cruel nature.
Copies of the statement were furnished to the companynsel of the appellants.
