- (1.) D. K. Trivedi, J. Capital Sentence No. 2 of 1993 connected with Criminal Appeal No. 368 of 1993, arises out of the judgment and order dated 6-5-1993, passed by VIth Addl. Sessions Judge, Sitapur, convicting the appellant, Sankata under Section 302/34, I. P. C. and awarding death sentence to him.
(2.) THE appellant Sankata alongwith three other accused persons, namely, Sita Ram, Chhotey and Pyarey was prosecuted under Section 302/34, I. P. C. Accused Sankata was further prosecuted under Section 302 I. P. C, simpliciter. Accused Sankata was convicted and awarded death sentence by the learned Addl. Sessions Judge while other three accused persons above named were acquitted of the charges. The prosecution case, in brief, is that three months prior to this incident she buffalow of one Raj Kishore was missing which was being searched by Raj Kishore and the deceased Prithvi Pal. It is alleged that Raj Kishore and Prithvi Pal were suspecting that accused persons are responsible for the said mischief and on this account all the accused persons became inimical with the deceased Prithvi Pal.
(3.) IT is said that on 20th May, 1991, at about 11-30 P. M. Prithvi Pal deceased, Shrimati complainant and her son-in-law Mahanand were sleeping outside the house. IT is further said that the accused persons came there and on hearing noise all the three persons woke up and saw and accused persons standing near the cot of Prithvi Pal. Accused Sankata and Chhotey said that Prithvi Pal is responsible for levelling the charge of theft of she-buffalow and therefore, he shall be killed. IT is said on the instigation accused Sankata who was armed with Katta fired at Prithvi Pal as a result of which Prithvi Pal Singh fell down and dies on the spot. Shrimati raised an alarm and on hearing the alarm Raj Kishore, Paloo and other persons reached there and witnessed the incident. IT is further, alleged that thereafter the accused persons ran away. Shrimati widow of Ram Singh thereafter got the report (Ext. Ka-1) scribed by one Masterji and lodged the same at P. S. Sakran on 21-5-1991 at about 7-30 A. M. The distance of the police-station is 6 kms. from the place of incident. The First Information Report of the incident was loged in presence of Ram Shanker Singh, Station Officer (P. W. 6) who immediately took up the investigation. After lodging of the report, Ram Shanker Singh went to the village and prepared the inquest report (Ext. Ka-6) and other relevant papers (Ext. Ka- 7 to Ka-10) and thereafter sent the dead body to the mortuary for post-mortem examination. He also recorded the statement of the complainant and prepared the site plan (Ext. Ka-11 ). One empty cartridge was also recovered by him from the place of occurrence. He also recorded the statement of the witnesses and inspected the torches of the witnesses.;