G.MALAVIYA, J. - (1.) Criminal Appeal No. 2404 of 1988 has been preferred by appellants Nannu alias Nanwa alias Nanu and Mahendra against their conviction and sentence in Sessions Trial No. 144 of 1986, in which convicting them u/S.302 IPC read with S. 149 IPC the IV Addl. District and Sessions Judge, Ghaziabad has awarded them death sentence. The Additional Session Judge has made usual reference No. 29 of 1988 for confirmation of the death sentence. Criminal Appeal No. 2397 of 1988 has been preferred by Amar Pal and Jaivir appellants against the same judgment in which these persons were also convicted u/S.302 read with S.149 I.P.C. and were sentenced to imprisonment for life. All the appellants were further convicted u/S. 452 I.P.C . and were awarded three years R. I. each. The appellant Jaivir was convicted u/S. 147 I.P.C and was sentenced to six months R.I. The appellant Nannu alias Nanwa alias Nanu, Mahendra and Amar Pal were further convicted u/S. 148 I.P.C. and were sentenced to one year's R. I. each. All the sentences were directed to run concurrently However, one Indrajeet was also tried along with the appellants in the said Sessions Trial but he was acquired the charges levelled against him.
(2.) The F.I.R. of the incident in question indicates that on the night between 19th and 20/10/1985, an incident occurred in the house of Satya Prakash, the informant of this case, in village Khairpur, Police Station Pilakhua, District Ghaziabad. On the date and the time of the incident Satya Prakash was sleeping in his house in the verandah. There was an electric light burning in the verandah. Wife of Satya Prakash, Smt. Kusum and his two daughters Seema and Shweta were sleeping in the room adjoining the verandah, the door of which were open. At about 11-30 p.m. about 7 or 8 accused persons entered the house. On some noise Satya Prakash and his wife got up. Satya Prakash asked who they were? Whereupon two persons caught hold of Satya Prakash and others caught hold of his wife Kusum. The accused persons then said that they would teach him the lesson for the enmity and would annihilate the entire family before his eyes so that he may face the show torture of the annihilation of his family till his death. Thereafter the accused persons started striking on the neck of the wife and daughters of Satya Prakash with knife. On the shrieks of the victims as also Satya Prakash, his son Avaneesh Kumar, who was sleeping near the window in front of the said room in the verandah, also shouted for help and tried to run away. Immediately thereafter two accused chased Avaneesh Kumar by saying that son of Satya Prakash was trying to escape and he should also be killed. Simultaneously one of the accused attacked on Avaneesh Kumar with a ' Farsa' but Avaneesh Kumar managed to escape, though he had received injuries. On the alarm raised by these persons witnesses arrived. The miscreants fired a shot in the air and left. Out of the miscreants, Satya Prakash and his son Avaneesh Kumar and some other witnesses, recognised Amar Pal, Nannu alias Nanwa alias Nanu, Jaiveer and Mahendra appellants and Indrajeet in the light of the bulb and the torches. So far as the other persons were concerned their names and the addresses were not known but they could be recognised. The dead bodies of the wife and two daughters of the informant were lying in the room of the informant, who had taken his son Avaneesh Kumar to the police station, where the report was lodged.
(3.) After the said incident Satya Prakash while taking his son along with him got an FIR of the incident written by Gyan Prakash Sharma, which he lodged at police station Pilakhua on 20-10-85 at1-15 a.m. The distance of the police station from the place of incident was 4 Kilo Metres.;