IMTIYAZ MURTAZA J. - (1.) CHALLENGE in this appeal is to the verdict rendered by learned Sessions Judge Ghazipur dated 17.12.2008 in Sessions Trial No. 64 of 2004 and S.T. No. 65 of 2004. To be precise, in S.T. No. 64 of 2004, the appellant has been convicted under section 302/307 IPC and sentenced to capital punishment and also 10 years imprisonment respectively attended with a fine of Rs. 10,000/-. In S.T. No. 65 of 2004, the appellant has been convicted under section 4/25 Arms Act and sentenced to undergo two years rigorous imprisonment and a fine of RS. 2000/- with default stipulation.
(2.) IN the grim episode, four persons including two children have fallen prey ostensibly to the vengeance of the assailant that be, while one child was left injured apparently mistaking her to be dead. The informant in the instant case is one Dwarika Ram and the incident is stated to have occurred on 21.9.2003 a little prior to 11 p.m in which four persons were done to death. The incident has taken place in village sonadi, Post Machhti, P.S.Bhanwar Kol Distt Ghazipur. The written report enumerates the details of incidents to the effect that on 21.9.2003, the deceased after partaking of meal had retired to their respective places for sleeping at about 8 p.m. To be precise, the deceased persons had retired to the roof of the house for sleeping while the informant and his eldest son namely, Suresh had retired to the Baithaka (small sitting room) which was being used as a grocery shop, for sleeping. At about 11 p.m, Munna his neighbour, knocked at the door of Baithaka (small sitting room) and when he unbolted the door, the aforesaid person informed that a sound of continuous weeping/sobbing of a girl was emanating from the informant's roof for quite a long time upon which his son Suresh rushed to the house and banged the door which was bolted from inside. After sometime, Sunita unbolted the door and at that time, she was completely drenched in blood. Upon being repeatedly asked, she kept on weeping/sobbing and since she was too terrified, she did not reveal anything. Without losing further time, he and his son went up-stairs and saw that his son, his daughter in law and his grand son had been done to death in a most gruesome manner by assaulting with a sharp cutting instrument. They also noticed that Sunita herself had been assaulted by a sharp instrument on her head and according to the further allegations in F.I.R, it was stated that it appeared that she had been left as she was, mistaking her to be dead.
(3.) THE F.I.R was lodged at the police station Bhanwar Kol on the basis of written report dated 22.9.2003 and the same was registered at case crime no. 493 of 2003 at 3.30 a.m. The investigation was taken over by S.O Shailendra Tiwari. The inquest report was prepared between 8.15 to 9.20 a.m on 22.9.2003 and the dead bodies were sent for post mortem escorted by constables Durbasha Dubey and Rakesh Singh while injured Sunita was sent for medical examination at primary health centre Mohammadabad. The investigating officer prepared site plan and also prepared recovery memos from the place of occurrence. The investigating officer, as is the case, also recorded statement of Km. Sunita and Gulab Chand on 23.9.2003. On 24.9.2003, the house of accused was searched and certain love letters were recovered from the belonging of Km. Geeta. The same day, the investigating officer also searched the personal belonging of deceased Shravan alias Anil Kumar and recovered love letters written by Geeta. The same day, the investigating officer also recorded statements of Kapil Deo Rai, Ram Prakash and Rai Ravindra Ram. On 25.9.2003 accused was arrested and and his statement was recorded and the same was entered in the case diary. On a disclosure statement, weapon used in the assault was also recovered. On 26.9.2003, the earth marked with foot print of the assailant was picked out and sealed. On 29.9.2003, the investigating officer took steps for recording of statements of witnesses under section 164 Cr.P.C and in this connection, he made appropriate application in the court of C.J.M Ghazipur. The same day, he recorded the statement of the constable Rakesh Kumar who escorted the dead bodies for post mortem. He also recored the statements of inquest witnesses namely, Gulab Chand Ram, Jhilluram, Baijnath Ram Mangru Ram, Ramashreya Ram. The same day, he also recorded the statement of Munna Ram and Dwarika Ram, who were witnesses to collection of blood stained earth. The same day, he recorded the statement of Mohd. Khursheed, who was witness to the fact of arrest of accused Chhabi Raj. He also recorded the statement of Vijai Kumar and Vikram Rai. On 30.9.2003, the statements of witnesses namely, Ram Saran, Ramashreya Ram and Jai Prakash Rai were recorded under section 164 Cr.P.C in the court of Civil Judge (2nd) Ghazipur. On 1.10.2003, statements of H.C.P. Ram Naresh Upadhayay, Constable Rakesh Singh,Uamakant Yadav, and constable Shri Kant Ram were recorded. On 6.11.2003, statement of constable Durbasha Dubey was recorded who escorted the dead body for conducting post mortem examination. On 7.11.2003, statement of Dr. S.S.Pandey, who examined the injuries of Km. Sunita was recorded. The same day, the statement of constable Nabi Ahmad who had taken the articles for delivery at Forensic Laboratory Lucknow was recorded. The investigation of case under section 4/25 Arms Act was entrusted to H.C. P. Ramashreya Yadav. On the basis of evidence collected during investigation, accused Chhabi Raj Ram was arrested on 25.09.2003. Subsequently, the police filed charge sheet in the case.;