SHASHI KANT,J. - (1.) Aforesaid Criminal Capital Appeal Nos. 5298 of 2015, 5299 of 2015 and 5300 of 2015 have been preferred by accused/appellants Vinod and Dwarika, Chandradeo Yadav and Pawan respectively, against judgment and order dated 28.10.2015, passed by Additional Sessions Judge / Special Judge (SC/ST Act), Ghaziabad in Session Trial No. 906 of 2004 (State v. Vinod and Another), Session Trial No. 221 of 2005 (State v. Chandradev Yadav and Session Trial No. 1683 of 2004 (State v. Pawan) arising out of Case Crime No. 115 of 2004, under Sections 302/34 and 201 of Indian Penal Code, 1860 (in short 'I.P.C.'), Police Station - Sahibabad, District - Ghaziabad, whereby appellants have been convicted and sentenced by capital sentence and fine of Rs.1,00,000/- each, under Section 302/34 I.P.C., five years rigorous imprisonment and fine of Rs.10,000/- under Section 201 I.P.C. and in case of default in depositing the fine additional imprisonment of five years.
(2.) Criminal Reference No. 11 of 2015 which has been referred to this Court by the Trial Court under Section 366(1) Cr.P.C. for approval of death sentence awarded to the accused-appellants is also being decided along with aforesaid criminal capital appeals.
(3.) Brief facts relating to above appeals/reference as transpire from record are as under : 3.1 Informant PW-1 Vikas Bajaj submitted the written report (Exhibit 'Ka-1') on 11.02.2004 to the Police Station - Sahibabad, District - Ghaziabad stating therein that three dead bodies wrapped in the separate bed sheets were lying on a heap of garbage at Ramlila Ground, Shalimar Garden Extension - I. He prayed for necessary action in the matter after lodging of the report. 3.2 On the basis of above written report (Exhibit 'Ka- 1'), a First Information Report (Exhibit 'Ka-5') (in short 'FIR') was registered against unknown persons as Case Crime No. 115 of 2004, under Sections 302/34 and 201 I.P.C. at Police Station - Sahibabad, District - Ghaziabad on 11.02.2004 at 14.05 A.M. 3.3 Entry with regard to registration of above case has been made in the General Diary (in short 'G.D.') on 11.02.2004 at 14.05 A.M. as Entry No. 37 at 14.05 A.M. A carbon copy of which is Exhibit 'Ka-6. 3.4 Investigation of the case was taken over by Station House Officer/Inspector G.P. Yadav (PW-10). He rushed to spot along with Police personnel, prepared site plan and recovery memos of various items taken into custody from the spot. After getting prepared the inquest memos and other necessary papers under his instructions by S.S.I. Mahendra Singh Bhadauriya (PW- 11), the dead bodies were sent for postmortem and statements of the complainant and other witnesses were recorded. The accused Vinod and Dwarika were arrested on 17.02.2004 and on their pointing out, three severed heads which belonged to the dead bodies were recovered. After preparation of recovery memos of heads, inquest reports and other necessary letters, recovered heads were sent for postmortem. He inspected the House No. S-4-725 Shalimar Garden Extension-I (hereinafter referred to as 'the Flat') and blood stained plaster from the walls and blood stained belt were collected. He also took custody of photo album, Kisan Vikas Patra, insurance and registration papers of vehicle no. JS 12A - 3766 and prepared their recovery memos, established identity of dead bodies by recording statements of witnesses Chokidar Tilak Mehto and Jugul Mehto (father of deceased Hari Yadav @ Hariya), and after completing necessary formalities submitted charge sheets against the accused-appellants Vinod, Dwarika, Pawan and Chandra Deo. 3.5 On the basis of above charge sheets, cognizance of the offence was taken by the Trial Court against accused appellants Vinod and Dwarika, Pawan and Chandra Deo on 02.06.2004, 16.11.2004 and 18.01.2005 respectively. In due course cases of accused-appellants were committed to the Court of Session for their trial. 3.6 Charges were framed against accusedappellants on 27.07.2005 under Sections 302/34 and 201 I.P.C. They denied the charges framed against them and claimed for trial. 3.7 To prove its case, prosecution has examined informant PW-1 Vikas Bajaj, PW-2 Chotan, PW-3 Anees, PW-4 Mukesh Sharma, PW-5 Rakesh Kalra, PW-6 Babloo Tyagi, PW-7 Dr. A. Mishra, PW-8 Constable Manohar Lal, PW-9 Dr. Ramesh Kumar, PW-10 Inspector G.P. Yadav (Investigating Officer), PW-11 Inspector Mahendra Singh Bhadauriya and PW-12 Harishanker Singh. 3.8 Apart from above following documentary and material evidence are also produced by the prosecution in support of its case : JUDGEMENT_197_LAWS(ALL)2_2017.html 3.9 The accused-appellants denied the prosecution case, evidence produced against them in their statements recorded under Section 313 Cr.P.C. and claimed themselves to be innocent. However, they did not produce any evidence in their defence. 3.10 After hearing rival arguments of the counsel for the parties and evaluation of evidence available on record, the Trial Court found that prosecution has successfully proved its case against the accused-appellants and passed the judgment and order impugned. 3.11 Being aggrieved by the judgment and order impugned the aforesaid Criminal Appeals/Capital Cases have been filed by the respective accused/appellants. 3.12 As a consequence of passing of the judgment and order impugned, Reference No. 11 of 2015 has been sent by the Trial Court for confirmation of death sentence of the accused-appellants. ;