- (1.) Leave granted in S.L.P. (Crl.) No. 5209/2006. The appellants in these four appeals suffered death sentence for the offence punishable under Section 302/34 IPC, at the hands of Additional Distt. & Sessions Judge, First Fast Track Court, Nainital. The trial court also convicted the appellants for the offences punishable under Sections 376 and 377, IPC and sentenced them to life imprisonment. Each of the appellants was also convicted for the offence punishable under Section 201/34, IPC and sentenced to undergo seven years rigorous imprisonment and fine of Rs. 2,000/- and in default in payment of fine, additional imprisonment of six months. Since death sentence was awarded, the trial court made a reference to the High Court for confirmation. The appellants challenged the judgment of the trial court in separate appeals before the High Court of Uttaranchal at Nainital. The death reference and appeals were heard together. Vide judgment dated July 12, 2005, the High Court maintained the conviction of the appellants under Sections 302/34, 376 and 201/34, IPC. The sentence of death awarded under Sections 302/34, IPC to each of the appellants was commuted to that of rigorous imprisonment for life. The sentence awarded by the trial court under Sections 376 and 201/34, IPC, was maintained. The High Court, however, acquitted the appellants of charge under Section 377, IPC and their conviction and sentence under this count was set aside. It is from the judgment dated July 12, 2005 that these four criminal appeals by special leave arise.
(2.) Amar Singh (PW-4) is a migrant labourer from Nepal. He and his minor daughter Sushma aged six years were residing in the locality known as Raj Mahal Hotel Compound Mallital, Nainital. On September 25, 2003 at about 8.00 A.M. Sushma left her home to ease herself. When she did not return for quite some time, she was looked for in the market, around the lake and near about by her father but of no avail. Despite frantic efforts when her whereabouts could not be known, PW-4 reported her disappearance (Ext.Ka-10) at around 4.00 P.M. at Police Station, Mallital. The night became horrendously eventful for PW-4; he and three migrant labourers from Nepal, namely, Veer Bahadur (PW-2), Puran (PW-3) and Mangal (PW-5) were waiting for Sushma to return. At about 1.30 A.M., four persons came from the side of the road up to vacant plot of one Sardarji in that locality and were seen throwing the dead body of a girl from the gunny bag in that plot. The gunny bag was also thrown over there. PW-2, PW-3, PW-4 and PW-5 raised alarm and caught hold of them; they were Babu (A-1), Aamir (A-2), Pawan (A-3) and Arjun (A- 4) and the dead body was of Sushma (victim). A-1, A-2, A-3 and A-4 were taken to the Police Station, Mallital.
(3.) PW-4 lodged the written report at about 2.00 A.M. (September 26, 2003) and a case under Sections 302/201/34 IPC was registered against A1, A-2, A-3 and A-4. Their formal arrest was made. In the morning of September 26, 2003 at about 6.30 A.M. seizure memo of the dead body was prepared by the investigating officer Bachhan Singh Rana (PW- 11). Dr. K.S. Dhami (PW-1) conducted post-mortem of dead body of Sushma at about 1.00 P.M. The accused persons were also sent for medical examination. On the basis of the disclosure statement A-1 and A-2, two feet long electric wire of yellow colour from the house of Ramesh Monga situate near Sanwal School where the accused were then residing was recovered vide Memo (Ext. Ka-6-A);