S.K.Mookerji, J. - (1.) This appeal has been filed by Ranjeet Bahadur against the ORDER and order of the Sessions Judge, Firozabad dated 19.3.1991 passed in Sessions Trial No. 25 of 1990 convicting and sentencing him under section 302 I.P.C., for committing the murder of Smt. Subhasin) Raniwala to death. The usual reference for confirmation of the death sentence has also been made by the learned Sessions Judge.
(2.) We have heard both the appeal filed by Ranjeet Bahadur and also the connected Reference. The prosecution case, according to the written report Ext. Ka. 1, is that the accused Ranject Bahadur, who had come from Nepal, was employed as domestic servant about 20 days ago from the date of the occurrence by the complainant Narendra Kumar Raniwala P.W. 1. It is also disclosed that on 26.3.1990 when the complainant P.W. 1 Narendra Kumar Raniwala returned from his cold storage to take his dinner at about 9.00 p.m. he heard some noise (Ghargharahat of his wife which was coming from a room of his house. His son Sanjay and nephew Sudhir P.W. 2 were also following him. The complaint his son and his nephew immediately rushed into the room and saw the accused Ranjeet Bahadur strangulating his wife with the aid of an electric wire and Smt. Subhasini Raniwala-the deceased was lying on the floor. It was also stated that they with some difficulties freed the deceased from the clutches of the accused but the wife of the complainant succumbed to the stranguiation. The accused Ranjeet Bahadur tried to run away from the scene of occurrence. The complainant raised hue and cry and ultimately complainant's son Sanjay nephew Sudhir, P.W. 2 and others apprehended the accused Ranjeet Bahadur and gave him some beating. Thereafter, Ranjeet Bahadur was taken to the police station North, Firozabad and P.W. 1 reported the matter soon after at about 9.45 P.M. The distance between the place of occurrence from the police station is one furlong. On the basis of the written report Chick First Information Report was prepared and the case was registered under section 302 I.P.C. against the accused. The S.S.I. Sarnam Singh, the Investigating Officer. P.W. 8 was entrusted with the investigation. He along with his police force went to the place of occurrence and prepared inquest report, challan lash, Photo lash, letter to C.M.O. and M.O. The body was ultimately sent for post mortem through Constables Bachchu Singh and Bhola Nath P.W. 5. The spot inspection was also made and the site-plan was also prepared which is Ext. Ka-19. Cut electric wire pieces Exts. 1 to 3 were taken into possession and he prepared a recovery memo Ext. Ka-12. The recovered three pieces of electric wire with which strangulation was alleged to have been done, were also sealed. Dr. R.L. Saraswat P.W. 6 conducted the autopsy of the deceased Smt. Subhasini Raniwala on 27.3.1990 and prepared post mortem report which is Ext. Ka-10. According to Ext. Ka-10 the deceased was aged about 48 years. Her body was average built. Rigor mortis was also present. Eyes were congested and half opened. Following ante mortem injuries were found on the body of the deceased. 1. Ligature mark of about 3/4 cm. wide present round the neck above the thyroid cartilage extending up to the below of the angle of mandible on right side and up to middle of back of neck from left side. The mark is absent on the right side back of neck. The surface of mark is contused. 2. Abrasion 4 cm x 3 cm on the front of neck just above the supraspenial notch. Hyoid bone below the legature mark is broken and all tissues below are exhynised. On internal examination the brain, larynx, trachea both lungs, blood vessels were found congested. Bleeding was also present at the sight of legature mark. According to the opinion of the Doctor, the cause of death was due to shock, suffocation and asphyxia due to ante mortem injures. The post mortem was conducted at about 10.00 A.M. and the duration of the death was about half day. The motive to commit the murder as disclosed in the Chick Report First Information Report and also in the statement of P.W. 1 was to ransack and loot. Statements of the witnesses were recorded by the Investigating Officer. P.W. 4 Ram Autar, one of the servants of the complainant, was sent for medical examination by the Investigating Officer who received injuries during the course of arrest of the accused. The injuries of P.W. 4 Ram Autar were examined by Dr. M.S. Rathore P.W. 7. Ext. Ka-11 is the injury report of Ram Autar P.W. 4 according to which Ram Autar -received the following injuries: 1. Septic wound 1 cm x 1 cm on the ventral part of right palm on hypothened muscles. 2. Seabed abrasion 4 cm x 3.3 cm on the outer part of left thigh. On its upper 1/3rd part. 3. Seabed abrasion 3 cm x 2 cm on the front and middle of the right thigh. 4. Sepite lacerated wound 1 cm x 1 cm on the left knee joint. 5. Seabed abrasion 1 cm x 1 cm on the right knee joint. 6. Septic wound 1 cm x 5 cm on the outer part of the left little toe. The duration of injuries was 1.3/4 days. It will be relevant to point out at this stage that P. W, 7 Dr. M.S, Rathore in his deposition before the court below has stated that the injuries could have been caused at 9100 P.M. on 26.3.1990.31 There is another important feature in the case. The accused Ranjeet Bahadur expressed his willingness to confess his guilt before the Magistrate. In fact an application Ext. Ka-22 was moved by the Investigating Officer before the Chief Judicial Magistrate. Report to this effect by the Investigating Officer is Ext. Ka-8, Ext. Ka-7 is the endorsement as the Magistrate, according to which the accused was in police custody and 29.3,1990 was fixed for recording his statement under section 164, Cr. P.C. Ext. Ka-6 the endorsement of the Chief Judicial Magistrate, which shows that the accused was produced before him and he was warned and the fact was made know to him about the result of making the confession and, thereafter, it was ordered that the accused be presented after lunch. The Chief Judicial Magistrate again, before recording the statement, gave a warning to the accused about his making confessional statement and it was made clear to him that such statement could be read against him and the accused was also made fully aware of the consequences of making a confessional statement. Not only this, the accused was also informed about the death penalty, which might be imposed on him on the basis of confession. It was after satisfying himself that the accused was willing to make the confession voluntarily, the Chief Judicial Magistrate Sri A.K. Kakkar P.W. 3 recorded his statement. The endorsement to this effect is Ext. Ka-9. Thereafter, the above Chief Judicial Magistrate recorded the confessional statement of the accused which is Ext. Ka-2. According to the above statement, it was stated by the accused that he was a domestic servant for about last 25 days in the house of the complainant. On 26.3.1990 the accused was at the house of the complainant at about 8.00 P.M. The deceased and the accused were present in the house. The deceased was wife of the complainant P.W. 1. It was also stated that the deceased used to get the latrine and urinal cleaned by the accused and did not give him full diet. The accused felt unhappy. It is also stated that the deceased used to talk too much and did not give proper sugar in the tea and used to provide bad food to the accused. There was a heavy electric wire in the house. The accused strangulated the deceased (Bibi Ji) with the aid of the electric wire and when he was strangulating her the complainant (Malik) arrived and got the deceased (Malik) freed from the clutches of the accused. The accused knew it well that the deceased (Bibi Ii) would die on account of strangulating (Gala Ghotne Se) and the accused Ranjeet Bahadur wanted to murder the deceased (Bibi Ji). The complainant (Malik) apprehended the accused and took him to the police station. The above statement was signed by the accused Ranjeet Bahadur and his signature is Ext. Ka-3.After recording the statement of the accused the Chief Judicial Magistrate made a memorandum as required under section 164(4), Cr. P.C. which reads as under:
(3.) TI have explained to Ranjeet Bahadur that he is not bound to make a confession and if he does so, any confession he may make, may be read as evidence against him and I believe that the confession was voluntarily made. It was taken in my presence and hearing and read over to the accused in Hindi and admitted by him to be correct and it contains a full and true account of the statement made by him.;