JUDGEMENT
Sarkaria, J. -
(1.)This appeal by special leave is directed against a judgment of the High Court of Rajasthan, by which the order of the Sessions Judge, Ganganagar, convicting the appellant under S. 302, Penal Code and sentencing him to death for the double murder of two persons in village Takhat Hazara, was confirmed.
(2.)The facts of the prosecution case are as follows:- A First Information Report was lodged on September 9, 1973 at about 7.30 a.m. by one Shyam Singh in Police Station Sadul Sahar, to the effect, that when he in the morning went to the Gurdwara of his village at about 7 a.m. for brooming and burning incense, as usual, he found three persons, one of whom, Mada Singh, lay groaning on a cot. The informant went back to the village, contacted Jagar Singh, Hari Singh, Sukhdarshan Singh, Amar Singh and others, and in their company returned to the Gurdwara. It was then detected that Kartar Singh son of Hari Singh lay dead on a cot with injuries on his head. The other two persons, Mada Singh and Wazir Singh, were lying injured. The locks of the rooms were found broken and the goods lay scattered. After registering the case, the station House Officer, Bhagwan Singh, reached the scene of occurrence. He prepared the site plan (Ex. P-8) and a connected explanatory note in which he recorded the physical facts noticed by him at the spot. Among other things, he found one blood-stained Kassi (Art. 1) and a Dabbi (small tin-box) (Art. 2). Some coins were also lying scattered there. He noticed some finger-prints on the Dabbi (Art. 2). He therefore in the presence of witnesses including Sukhdarshan Singh (P. W. 6), Jagger Singh (P. W. 8), prepared the seizure memo (Ex P-14) in respect of the Dabbi and sealed it into a parcel. He also sealed the blood-stained Kassi into a parcel, vide ex. P-12. He also took into possession blood-stained earth, clothes and broken locks from the scene. He also prepared the inquest report (Ex. P-12) in respect of the dead body of Kartar Singh deceased and sent it for post-mortem examination. Bhagwan Singh continued the investigation till September 12, 1973 when it was taken over by Bhanwar Singh.
(3.)A large number of crimes of this pattern involving murders or attempted murders were committed in Rajasthan and in the neighbouring States of Haryana and Punjab. Fifteen cases of crimes of a similar nature were registered in Ganganagar District, alone, from February 1973 to May 1974. Naturally, the Police machinery of Ganganagar District came into motion. Bhanwar Singh, Station House Officer, Sadar Police Station, Ganganagar started investigation of some of those crimes. He took over the investigation of this case also on September 12, 1973. Shri Shyam Pratap Singh Rathore, District Superintendent of Police supervised the investigation. Suspicion fell on the appellant who was found absent from his native village Karanpur, District Ganganagar.