- (1.) All the above mentioned criminal appeals are directed against the judgment and order dated 3.1.2007, passed by learned Addl. Sessions Judge, Pratapgarh in Sessions Trial No. 29 of 2004.
(2.) Convicting the Appellants Saleem alias Nawab alias Mota, Shami alias Sanjay Dutt alias Pradhan alias Riyaz and Hira alias Sahwan alias Tasir under Section 302, I.P.C. and sentencing each of them capital sentence of death. They have further been convicted under Section 394, I.P.C. and sentencing them to undergo ten years' R.I. and to pay a fine of Rs. 10,000 each and in default of payment of fine, they have to undergo further one year's simple imprisonment. The Appellant Smt. Ashida has been convicted under Section 411, I.P.C. and sentencing her to undergo three years' R.I. and to pay a fine of Rs. 5,000 and in default of payment of fine, she has to undergo six months' simple imprisonment. However, she has been acquitted of the charges under Sections 302 and 394, I.P.C. Since Appellants Saleem, Shami and Hira have been awarded capital sentence, Capital Sentence Reference No. 1 of 2007 has been made for confirmation of death sentence. These three Appellants besides filing Criminal Appeal No. 156 of 2007, have also filed Criminal Appeal Nos. 176 of 2007, 177 of 2007 and 178 of 2007 separately through jail.
(3.) The factual matrix is as under : According to the prosecution case, on the fateful night between 30th and 31st of August, 2003 at about 3.00 a.m. while complainant alongwith his wife Smt. Geeta Devi was sleeping in a room of his house and in another room his father Hira Lal and mother Smt. Phool Kali alongwith complainant's son named Aman were sleeping and in third room complainant's sister Kavita Devi and Savita Devi were sleeping, miscreants entered the house by scaling down from the roof through the stairs. Hearing the sound of foot steps the complainant, his wife and sisters woke up and saw that all the four miscreants went towards the room of his father and started plundering. Out of the four miscreants three had dandas with them and one had cot leg in his hand and started beating his parents and infant son with their weapons. Thereafter, they entered into the room where his sisters were sleeping and committed robbery there also. The complainant and his wife hid themselves under the cot due to fear of the miscreants. After the miscreants fled away the complainant, his wife and sisters raised alarm which attracted Prem Narain, Dinesh Kumar, Kalideen and several other neighbours. The miscreants were seen and identified in the light of torch and electric bulb which was burning at that time. The witnesses claimed that they could recognize the miscreants and the looted articles as and when they were put up before them. Thereafter complainant entered the room of his father and saw that his father, mother and son Aman were pooled in blood. He took them to the hospital where they were declared dead by the doctors. The complainant lodged written report Ext. Ka-1 at P.S. Kotwali, Pratapgarh on 31.8.2003 at 4.30 a.m., on the basis of which check report Ext. Ka-8 was prepared and a case was registered at Crime No. 473 of 2003 under Section 394/302, I.P.C. against four unknown persons.;