AMAR SARAN, J. - (1.) THESE two connected capital appeals arise from the judgement of Sessions Judge dated 15.7.2010 convicting and sentencing the two appellants Saleem and Shabnam to death sentence under section 302/34 I.P.C. An FIR was lodged by PW-1 Lateef Ullah who was a neighbour of appellant Shabnam and the deceased at Police Station Kotwali Hasanpur which was 4 1/2 Km away from the place of incident on 15.4.2008 at 3.05 a.m. The said report was scribed by Sabir Ali. This FIR alleged that at 2.15 A.M in the night of 14/15.4.2008, the informant had heard the cries of Shabnam "Bachao-Bachao Maare-Maare". He rushed to the house of the deceased Shaukat and on climbed up the stairs of the house he found Shabnam lying in an unconscious condition and found the corpse of Shaukat in the verandah with his neck cut. In the eastern room, Rashid was lying dead on a cot. In the South-Western room, Shaukat's son Anees and his daughter-in-law Anjum were seen lying on the cot with fatal injuries on their necks, and their ten month old child Arsh was also lying dead on the same cot. In the north-eastern room, Hashmi the wife of Master Shaukat and Master Shaukat 's niece Rabia were also lying dead with injuries on their necks. Blood was spread all over. On his alarm, the villagers gathered and he proceeded to the police station for lodging the FIR. After registering the FIR, PW-26 SI Babu Ram Sagar started investigation of this case. After recording the statements of the informant and the scribe, he reached village Bawankhera, and found seven dead bodies at the house of the deceased Shaukat. After conducting inquests, the copses were sealed and sent for the post-mortem through PW 15 Constable Virendra Singh. PW-24 Dr. Deewan Ram conducted the post-mortem on the dead bodies of Shaukat, Arsh and Rashid at District Hospital, Moradabad.
(2.) THE deceased Shaukat Ali, whose post-mortem was conducted on 15.4.2008 at 3.30 P.M had the following ante-mortem injuries: 1.Multiple stab wound 9 x 5 cm on front of chin and left cheek x bone deep. 2.Multiple two stab wound 6x5 cm x trachea cut x front of neck. Stomach contained about 350 ml food content. There was gas in small intestine and large intestine. The cause of death was shock and haemorrhage due to ante mortem injuries and the viscera was preserved. Rigor mortis had passed from the neck and it was present on the upper and lower parts of the body. The time of death was about one day. The post-mortem on the body of 10 month old Arsh was carried out on 15.4.2008 at 4.00 P.M. Rigor mortis had passed from the upper part of the body but it was present on the lower part. The following ante-mortem injuries were seen: 1.Multiple abrasion and contusions on both side of front of neck. The cause of death was Asphyxia as a result of ante-mortem throttling. The viscera of the child was also preserved. Post-mortem was conducted on the body of Rashid Ali aged 22 years on 15.4.2008 at 4.30 P.M. Rigor mortis in the neck present, upper and lower limbs, passed. The following ante-mortem injuries were found: 1.Incised wound 12 x 6 cm x Trachea cut in front of neck, both carotid arteries cut. Both lungs were congested. Both chamber of hearts were empty. The small and large intestines contained gas. The cause of death was shock and haemorrhage. The viscera was preserved. Pw-27 Dr. R.P. Sharma conducted the postmortem on the remaining four deceased persons at District Hospital. He conducted the post-mortem on Smt. Hashmi at 3.40 P.M on 15.4.2008. She was aged about 50 years. Rigor mortis was present on both upper and lower limbs. Clotted blood was present. Decomposition had not started. The time of death about half a day old. Ante-mortem injuries were as under: 1.An oblique incised wound of size 4 cm x 2 cm x trachea deep on the front of right side neck. Clotted blood present and its direction from above downwards. 2.Stab wound 2.5 cm x 2 cm x bone deep on right side chest from upper part 4 cm above right tip of shoulder tapering from medial to lateral. Clotted blood present. 3.Transverse incised wound 7 cm x 5 cm x trachea cut just above right side manubrial sterni, direction from medical to lateral. Clotted blood present. Viscera was preserved.
(3.) PW -27 Dr. R.P. Sharma also conducted autopsy on the body of Km. Rabia aged 14 years on 15.4.2008 at 4.00 P.M. Rigor mortis was present in both upper and lower limbs. Decomposition was not present and clotted blood was present from both nostrils. The following ante-mortem injuries were seen: 1.Transverse incised wound of size 8 cm x 5 cm x trachea, esophagus and blood vessels were cut. Wound direction from right to left. Clotted blood present. Gall bladder, spleen and both lungs were congested. Both chambers of heart were empty. Stomach contained unidentified food material and gases. Death was due to shock and haemorrhage as a result of ante-mortem injuries. Viscera was preserved. Dr. R.P. Sharma conducted post-mortem on the body of Anees aged 35 years on 15.4.2008 at 4.30 P.M. Rigor mortis was present in upper and lower limbs. Decomposition was not present. Blood from both nostrils coming out. Following ante-mortem injuries were found: 1.An oblique incised wound 1 cm x .5 cm x muscle deep on the right side face just outside the right eye. Clotted blood present. Wound's direction from above downward. 2.An oblique incised wound 3 cm x 0.8 cm cartilages cut on upper part of right ear pinna. Clotted blood present. Wound is directing from outer to inwards. 3.Transverse incised wound 8 cm x 5 cm trachea cut in front of lower part neck 3 cm above Manubrium sterni esophagus, blood vessels and nerves are cut. Clotted blood present. Larynx was congested. On internal examination, membranes of brain, both lungs, spleen and both kidneys were congested. C 6 vertebra was cut. Death was due to Asphyxia as a result of shock and haemorrhage as a result of ante-mortem injuries. The viscera was preserved. ;