- (1.) VISHNU Sahai, J. Raguhwar Dayal was charged by the Additional Sessions Judge (Court No. 3), Aligarh in Sessions Trial No. 190 of 2002 for offences punishable under Sections 376 and 302 of the Indian Penal Code. Vide judgment and order dated 23-5-2003 the learned Judge convicted and sentenced him in the manner stated hereinafter: (i) Under Section 302 IPC to death; and (ii) Under Section 376 IPC to imprisonment for life and a fine of Rs. 5,000.
(2.) AGGRIEVED by his conviction and sentence Raguhwar Dayal has preferred, in this Court, Criminal Appeal No. 2403 of 2003. Capital Sentence Reference No. 8 of 2003 arises out of the reference made by the learned Trial Judge under Section 366 (1) Cr. P. C. to this Court for confirmation of the death sentence of Raguhwar Dayal. Since Criminal Appeal No. 2403 of 2003 and Capital Sentence Reference No. 8 of 2003 arise out of a common factual matrix and impugned judgment, we are disposing them off by one judgment. Shortly stated the prosecution case runs as under: The informant Satish PW 1 is the son of deceased Kalawati. On the night of 7/8-11-2001, the informant and Om Prakash were sleeping in the shed, outside the room of Jai Prakash, the uncle of the former, situated in a jungle at the outskirts of mohalla Nagaichapada within the limits of Police Station, Atraulidistrict Aligarh, Kalawati was sleeping outside her room, which was situated at a distance of 8-10 paces from where the place, where the informant was sleeping. An electric bulb was burning there. At about 4. 00 a. m. the informant heard the cries of bachao-bachao (save-save ). Thereupon, he and Om Prakash got up from their sleep and proceeded to the place where Kalawati was sleeping. The informant found Kalawati and the appellant Raguhwar Dayal in a naked condition. Raguhwar Dayal was sitting and strangulating Kalawati with his hands. Seeing the informant and Om Prakash he tried to run away, but they apprehended him on the spot. Thereafter, the informant saw that his mother Kalawati was dead, on account of injury on neck. His impression was that the appellant had raped and thereafter killed her. Immediately thereafter a number of persons reached the place of the incident. Then the informant scribed his FIR (Exihibit Ka-1) and alongwith Om Prakash, some others and the appellant proceeded to Police station Atrauli, where he lodged his FIR and the appellant was taken in custody.
(3.) THE evidence of SI Dhan Ram PW 2 shows that on 8-11-2001 he was posted as Head Moharrir at Police Station Atrauli and registered the FIR and prepared the Chik FIR. It is pertinent to mention that the FIR was lodged on the said date at 6. 10 a. m. and on its basis a case under Sections 376 and 302 IPc was registered against the appellant. A perusal of the Chik FIR also shows that the distance between the place of the incident and the police station was two kilometres. The evidence of SO Rajendra Singh Rathi PW 6 shows: On 8-11-2001 the FIR was lodged in his presence. He immediately took over the investigation and left for the place of the incident, where the prepared the site plan (Exhibit Ka-12 ). On his dictation, SI Uday Veer Baliyan PW 4 performed the inquest on the corpse of the deceased. He thereafter sent it for autopsy. On the said date, he also recorded the statements of the appellant, the informant, witness Om Prakash and others.;