M. Chaudhary, J. - (1.) -This is an appeal by the accused appellant from judgment and order dated 14th of July 2003 by Sri I. B. Singh, Additional Sessions Judge Court No. 1, Etawah passed in Sessions Trial No. 484 of 2002, State v. Zafar Ali convicting the accused appellant under Section 302, I.P.C. and Section 4/25 of the Arms Act sentencing him to death and six months' rigorous imprisonment respectively thereunder.
(2.) THERE is also a reference by the trial Judge under Section 366 of the Code of Criminal Procedure. The accused appellant had filed jail appeal from the impugned judgment and order which was also numbered as 3449 of 2003. Brief facts giving rise to this appeal are that Mohd. Yasin lodged an F.I.R. at police station Etawah Kotwali that his elder sister Roshan Aara was married to Zafar Ali in the year 1988 and two sons and five daughters were born out of the wedlock. Since Zafar Ali had no sufficient income to meet the household expenses of the family, he in order to shroud his incapacity started casting aspersions on the fidelity of his wife and used to vex and beat her. He asked his 'behnoi' several times not to harass his sister but he did not pay any heed thereto. At about 4.00 a.m. on 27th of July, 2002 his uncle Mohd. Farooq who resided adjacently to the house of Zafar Ali came to his house and told him that at about 3.00 a.m. on hearing the shrieks of Roshan Aara he saw through the fissures of the window that Zafar Ali was giving knife blows to his wife Roshan Aara and children and that some persons of the locality also reached there. On receiving the said information Mohd. Yasin along with his brothers Mohd. Tehsin and Mohd. Wasim as also Mohd. Farooq went to the house of his sister Roshan Aara. On the way Mohd. Matin resident of the same locality met them and he also told him about the incident and accompanied them. On reaching at the house of his sister Roshan Aara he saw that his 'behnoi' Zafar Ali taking blood stained knife along with his sons Mohd. Javed and Mohd. Zahid was coming out of his house, and sighting him and others he stated that he had murdered his wife and five daughters ; that there was no need to chase him as he was going to the police station Kotwali and that he had blood in his eyes and if any body tried to apprehend him he would be done to death with that very knife and so saying he went away. Then Mohd. Yasin along with others went inside the house and saw that there was splash of blood inside the room and Roshan Aara and her five daughters, namely, Robina, Shabina, Nagina, Madina and Alfiya were lying dead. He also mentioned in the report that on the way to the police station Zafar Ali also met them who was going ahead of them. H. C. Chhotey Lal prepared check report of the crime on the basis of the written report handed over at the police station (Ext. Ka-1) and made entry regarding registration of the crime in the general diary (Exts. Ka-44 and 45).
(3.) IT appears that at about 5.30 a.m. that very day Zafar Ali taking blood stained knife surrendered at the police station confessing his guilt that at about 3.00 a.m. that very night he murdered his wife Roshan Aara and five daughters. Since he was also named in the F.I.R. already recorded at the police station he was taken in the police custody and blood stained knife recovered from him was sealed in a packet and Head Constable Chhotey Lal prepared the recovery memo thereof (Ext. Ka-46). Then he registered a crime against the accused under Section 4/25 of the Arms Act preparing check report on the basis of the recovery memo and made entry in the G.D. regarding registration of the crime (Exts. Ka-46 and Ka-47). Then S. I. Nanhumal Nigam the Investigating Officer along with S. I. V. P. Rakesh proceeded to the scene of occurrence. On the directions of S. I. Nanhumal Nigam the Investigating Officer, S.I. V. P. Rakesh drew inquest on the dead bodies of Smt. Roshan Aara and her little daughters Robina, Shabina, Madina alias Kanchan, Nagina and Alfiya. He prepared inquest report of the dead body of Alfiya (Ext. Ka-18) and other necessary papers (Exts. Ka-38 to Ka-41) and that of Nagina (Ext. Ka-17) and other necessary papers (Exts. Ka-34 to Ka-37). He also prepared inquest report of the dead body of Kanchan (Ext. Ka-16) and other necessary papers (Exts. Ka-30 to Ka-33) and that of Shabina (Ext. Ka-15) and other necessary papers (Exts. Ka-27 to Ka-29 and Ka-42). Then he drew inquest on the dead body of Robina and prepared inquest report (Ext. Ka-14) and other necessary papers (Exts. Ka-23 to Ka-26). Lastly he drew inquest on the dead body of Roshan Aara, prepared inquest report (Ext. Ka-13) and other necessary papers (Exts. Ka-19 to Ka-22). Then he handed over dead bodies in sealed cover along with necessary papers to constables Aenuddin and Sumsuddin for being taken for post-mortem. He also collected pieces of blood stained and plain cement from the floor from the place of occurrence and prepared their memo (Ext. Ka-43). In the meanwhile S. I. Nanhumal Nigam recorded statements of the witnesses. Then he inspected place of the occurrence and prepared its site plan map (Ext. Ka-10). S.I. Nanhumal Nigam also interrogated the accused in the lock up at the P.S. He also recovered blood stained underwear of the accused from the window of his house at the pointing out of the accused and prepared its memo (Ext. Ka-8) and did other necessary things.;