- (1.) U. S. Tripathi, J. The condemned prisoner Suresh has preferred this appeal against judgment and order dated 30-5-2002 passed by Sri J. P. Gupta, the learned Sessions Judge, Aligarh in Sessions Trial No. 393 of 2002 convicting the appellant under Section 302 IPC and sentencing him to extreme penalty of death. The Sessions Judge has also made a reference for confirmation of death sentence. The prosecution story, briefly stated, is under.
(2.) APPELLANT Suresh was resident of village Rayatpur, Bahadurpur, P. S. Iglas, District Aligarh. Sayeed (35) deceased was also resident of said village. Smt. Sabira (PW 1) was wife of Sayeed. Mobin (10) deceased was son of Sayeed and Smt. Sabira (PW 1) Sayeed deceased along with his wife Smt. Sabira (PW 1) and sons Mobin deceased and Yamin was residing in Mohalla Mahfooz Nagar, P. S. Delhi Gate, District Aligarh and was earning his livelihood by running a Buggi (cart driven by horse ). Prior to 15 days of the occurrence of this case appellant Suresh had come to the quarter of Sayeed and was residing there. Sometimes he took his meals at the house of deceased and sometime in a hotel. Appellant had borrowed a sum of Rs. 400/-from Sayeed, which he was not paying to him despite of repeated demands. On the evening of 4-11-1999 the appellant again demanded money from Sayeed, which he refused to pay saying that he had not paid previous money. On account of it the appellant had grudge with Sayeed. On the night of 4/5-11-1999 Sayeed deceased was sleeping in his room. Smt. Sabira (PW 1) was also sleeping in said room on another charpai, Suresh appellant was sleeping in verandah. Mobin deceased, elder son of Sayeed was also sleeping in verandah near Suresh appellant. At about 3. 00 a. m. Smt. Sabira (PW 1) heard the shrieks of Sayeed. She awoke and saw that appellant Suresh was inflicting blows by Banka on Sayeed deceased. When Smt. Sabira (PW 1) tried to save her husband she was also assaulted by the appellant Mobin raised alarm and Suresh assaulted him also and thereafter ran away. Hearing hue and cry of Smt. Sabira and Mobin Nazam (PW 2) Safia @ Safi Mohammad (PW 3) Muma and others rushed to the spot. Sayeed died on the spot.
(3.) SMT. Sabira (PW 1) got prepared report of the occurrence Ext. Ka 1 from one Arif and send the same through Zafaruddin to Police Station, Delhi Gate. On the basis of report (Ext. Ka 1) Constable Clerk Virendra Singh (PW 5) prepared chick report (Ext. Ka 4) at 4. 15 a. m. and made an endorsement of the same at G. D. report (Ext Ka-5) and registered a case under Section 302/307 IPC against the appellant. Investigation of the case was taken up by Sri Ahibaran Singh Arya (PW 6 ). He reached the spot. Smt. Sabira (PW 1) and Mobin deceased were lying injured whom he sent to M. S. Hospital, Aligarh through Dharmendra Singh Sub-Inspector. The I. O. conducted inquest of the dead body of Sayeed and send the same for post mortem. The I. O. took into possession blood stained and simple earth from the spot.;