- (1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 7-2-2003 passed by Addl. Sessions Judge (Fast Track Court) No. 16, Bulandshahr in S. T. No. 130 of 2001 convicting appellant Krishna Pal under Section 302 I. P. C. and sentencing him to death.
(2.) THE prosecution story briefly stated was as under. Appellant Krishna Pal was residing with his Mausa (mother's sister's husband) Bhim Singh at his house situate in Janlok Avas Vikas Colony, P. S. Kotwali city, district Bulandshahr. Smt. Jag Roshni deceased was wife of Bhim Singh, while Raju and Ravi deceased were sons of Bhim Singh. Km. Sapna was daughter of Bhim Singh. Shyam Singh (PW4) was real brother of Bhim Singh deceased. On the morning of 15-10-2000 appellant Krishna Pal lodged a report at P. S. Kotwali City against Tula Ram, Shyam Singh (PW4), Satpal Yadav and two unknown persons with the allegations that on the night of 14/10/2000 he was present in the house of his Mausa Bhim Singh. His Mausi Smt. Jag Roshni and her two sons Raju and Ravi and daughter Sapna were also present in the house. At about 9. 30 p. m. , two boys who were known to Ravi came to the house of Bhim Singh. Ravi asked Km. Sapna to prepare tea for them. Km. Sapna prepared tea and served them. The other family members were enjoying television. The appellant prepared bed for the above two boys. At about 2. 00 a. m. the above two boys opened the door and called Tula Ram, Shyam Singh and Satpal Yadav, who was relative of Tula Ram, inside the house. The above five persons were having Balkati and Gandasa. They started inflicting Balkati and Gandasa blows on Bhim Singh, Smt. Jag Roshni, Raju and Ravi. The appellant was observing the incident from the window of his room but he could not raise any voice due to fear. Tula Ram and Shyam Singh had enmity with Bhim Singh on account of landed property, regarding which a litigation was going on. In the morning when the people of Mohalla assembled the appellant came out of the room and saw that his Mausa, Mausi and two cousin brothers Raju and Ravi were lying dead their dead bodies were having cut wounds, and Km. Sapna was lying unconscious in her room.
(3.) ON the basis of above report Head Constable Ramesh Chandra prepared chick report Ext. Ka-43, made an endorsement of the same at G. D. report Ext. Ka- 44 and registered a case against Tula Ram, Shyam Singh, Satpal Yadav and two unknown persons, under Sections 147, 148, 149, 302 and 34 I. P. C. Investigation of the case was taken up by Sri M. P. Singh, I. O. (PW7 ). He reached the spot and collected blood stained and simple earth from the places where the dead bodies of the deceased were lying. He also found some drops of blood in the room of the appellant and took it into possession vide recovery memo Ext. Ka-13. The blood stained Balkati was lying near the dead body of Smt. Jag Roshni. The I. O. took the same into possession and thereafter inspected the place of occurrence and prepared site plan Ext. Ka-14. Appellant Krishna Pal was present on the spot. The I. O. enquired from him about the presence of drops of blood in his room, but he could not give any satisfactory explanation as to how the blood came into his room. The I. O. got inquest of the dead bodies conducted through Sub-Inspector Ram Lal, who prepared inquest report and sent the dead bodies of deceased for post-mortem. Thereafter the I. O. interrogated other witnesses.;