VISHNU SAHAI, J. - (1.) KISAN Kumar alias Tarri was charged by the Additional Sessions Judge (Court No. 12), Kanpur Nagar, in Sessions Trial No. 789 of 2001, for the offence punishable under Section 302 IPC. The learned Judge vide judgment and order dated 20 -2 -2003 convicted and sentenced him to death thereunder.
(2.) CRIMINAL Appeal No. 149 of 2003 has been preferred by Kisan Kumar alias Tarri against his aforesaid conviction and sentence. Capital Sentence Reference No. 6 of 2003 arises from the reference made by the learned Judge, to this Court, under Section 366 (1) Cr. PC for confirmation of death sentence of Kisan Kumar alias Tarri. Since Criminal Appeal No. 149 of 2003 and Capital Sentence Reference No. 6 of 2003 arise out of a common factual matrix and impugned judgment we are disposing them off by one judgment.
(3.) SHORTLY stated, the prosecution case runs as under: The information Ram Kali PW 1 is the mother of the deceased Indira. At the time of the incident, the informant and the deceased were staying together in 16/11, Bhagwat Das Ghat within the limits of Police Station Pheel Khana in District Kanpur Nagar. Indira was married about 9 to 10 years before the incident to one Ashok, who committed suicide. Thereafter, she came in contact with appellant Kisan alias Tarri and at the time of the incident, both of them were living as husband and wife. Sometimes the appellant used to stay with Indira at the important's house and sometimes at his own house. The appellant was a drunkard and used to ill -treat Indira. On the night of 4/5 -9 -2001, the appellant came in a severely intoxicated state at the informant's house. An altercation took place between him and Indira. The informant and some others pacified the situation. Thereafter, the appellant and Indira slept inside the informant's room and she slept at a distance about twenty paces therefrom. In the morning, when she woke up and went inside the room, she found water resembling blood therein, Indira dead, blood oozing out from her vagina, and the appellant Kisan Kumar alias Tarri not there. She was convicted that the appellant Kisan Kumar alias Tarri had murdered Indira and thereafter, had run away. She, thereafter, got the FIR scribed by Gopal Gupta PW 3, who after scribing it read it over to her. She then went to Police Station Pheel Khana (district Kanpur Nagar) and lodged it. ;