Vijay Kumar Verma, J. - (1.) -Challenge in these appeals is to the judgment and order dated 4.4.2007 passed by Sri S. P. Singh, the then Addl. Sessions Judge Court No. 1, Etawah in S.T. No. 424 of 2000, State v. Guddu alias Suresh Pal Singh and another, whereby the appellant-accused Sunil has been convicted and sentenced to death under Section 302 read with Section 34 of the Indian Penal Code (in short 'the I.P.C.') and fine of Rs. 500 under Section 429 read with Section 34, I.P.C.
(2.) CAPITAL sentence reference in terms of Section 366 of the Code of Criminal Procedure (in short "the Cr. P.C.") has been sent by the trial court for confirmation of death sentence. In a very sensational incident which occurred in the intervening night of 2/3.9.2000 in Mohallah Vijay Nagar, Etawah, murders of four persons, namely Sri Ran Veer Singh Sengar advocate, his wife Smt. Shashi Prabha and their two advocate daughters Smt. Indu and Km. Beena, were committed. The appellant-accused Sunil and co-accused Guddu alias Suresh Pal Singh, husband of the deceased Smt. Indu, were put on trial. During pendency of the trial, murder of the co-accused Guddu alias Suresh Pal Singh was committed and hence the case was abated against him vide trial court's order dated 19.4.2003.
(3.) THE deceased Sri Ran Veer Singh Sengar was a practising lawyer in Etawah. He had only three daughters, out of whom the deceased Smt. Indu was married to the co-accused Guddu alias Suresh Pal Singh. Deceased Km. Beena and surviving daughter Km. Rekha Sengar (P.W. 2) were unmarried. Since before the incident, Km. Rekha Sengar was living in Gautam Nagar, South Extension, New Delhi in a rented house bearing No. 216, in which Telephone No. 6853693 was installed in the name of her landlord. In the fateful night also Km. Rekha Sengar was in Delhi on the aforesaid address. The case of the prosecution as appearing from the first information report Ext. Ka-16, lodged by Km. Rekha Sengar (P.W. 2) at P.S. Civil Lines Etawah, on 3.9.2000, in brief, is that on 2.9.2000 at about 11.00-11.30 p.m. in the night, Smt. Shashi Prabha, mother of Km. Rekha Sengar made a telephone call to her in Delhi and told her that her brother-in-law (Jeeja) Guddu and his friend have come to the house and they are demanding Rs. 50,000 from her father and when her father declined to give money, they are becoming very angry. It was also told by the mother of Km. Rekha Sengar that these persons had come about ten days ago also and at that time also they had demanded money and when the money was not given to them, they had gone away in the night itself showing annoyance. On getting this news, when Km. Rekha Sengar talked to her brother-in-law Suresh Pal Singh alias Guddu on telephone, he told her that he is in great need of money and if rupees were not given to him, he can do anything. Km. Rekha Sengar tried to passify her brother-in-law, but he made irrelevant talks and cut the telephone. After some time Km. Rekha Sengar made a telephone call at her house in Etawah, but there was no response. She again tried to have talks on the telephone from Delhi at her house in the morning at about 5.00 a.m., but again there was no response. On this, Km. Rekha Sengar departed from Delhi immediately to her house by taxi and when she reached in front of her house, she saw the huge gathering of people there. She immediately came to understood that his brother-in-law Guddu and his friend have committed some mishappening with her family. When she entered into the house, she saw that the dead body of her mother was lying in a room. The dead body of her sister Smt. Indu was also lying in another room. When she went to first floor of the house, she found that the dead bodies of her father and sister Beena were lying inside the room. The dead body of the bitch was also found lying near the dead body of her mother in the room of ground floor. It is further alleged by Km. Rekha Sengar in the F.I.R. that murders of her father, mother, sisters and bitch have been committed in the night by her brother-in-law (Jeeja) Guddu and his friend.;