- (1.) The Additional District and Sessions Judge, Court no.7, Badaun has forwarded the death reference for confirmation by this Court with regard to conviction of the accused Mahipal under Sections 302, 364, 201 I.P.C and awarding death sentence under Section 302 in Sessions Trial No. 310 of 2013 - State v. Mahipal, arising out of Case Crime No.6 of 2013 under Sections 364, 302, 201, 506, I.P.C, Police Station Dataganj, District Badaun. The accused Mahipal has preferred the Capital Appeal against the aforesaid judgment of conviction and sentence.
(2.) A written missing report was given by Vidya Ram son of Rishipal (PW-1) and Brijesh son of Rishipal (PW-2) dated 11.01.2013 (Ex Ka-1) to the effect that at about 11.00 a.m, on 09.01.2013 Vikesh son of Vidya Ram aged about six years, description fair colour, height 2' 5'' wearing blue colour jeans, polo neck T-shirt and a blue colour jersi with black colour sleepers and Jitendra son of Brijesh aged about 7 years, description wheatest complexion height 3', wearing half pant, blue colour shirt and red jersi with a chain and black sleepers were playing in the village and since then their whereabouts were not known. Frantic efforts were made to search the two boys but their whereabouts could not be located. Missing report may be registered and both the boys be searched. Again on 14.01.2013 both the informants, namely Vidya Ram (PW-1) and Brijesh (PW-2) gave another written complaint (Ex Ka-2) mentioning that two boys Vikesh and Jitendra went missing from 09.01.2013. Now we are apprehending that both the boys have been kidnapped by unknown persons. It further mentioned that on 11.01.2013 threat has been given to murder both the boys from Mobile No.7895848163. It further mentioned that the caller stated that they should come and meet him otherwise he would murder both the boys. No address was communicated. The informant apprehended that their children could be murdered. Report be registered, appropriate legal action be taken and both the boys be safely recovered. Case Crime No.6 of 2013 under section 364 I.P.C was registered on the basis of the said complaints and investigation was handed over to Sub-Inspector Surendra Singh.
(3.) Further according to the prosecution case accused Mahipal was arrested, on the suspicion expressed by complainant side, on 22.01.2013 at 11.35 a.m. Upon interrogation Mahipal confessed his guilt and got the dead bodies of the two boys, two pieces of rope and a sim card recovered from his house, vide recovery memo (Ex Ka-3).;