Imtiyaz Murtaza, J. - (1.) THE above appeal has its genesis in S. T. No. 356/05 and by means of the judgment and order dated 2.6.2007, passed by the Sessions Judge, Muzaffarnagar in the aforesaid Sessions trial, the appellants have been convicted and sentenced to death under Section 302 read with Section 34, I.P.C. and a fine of Rs. 30,000 and further convicted under Section 316/34, I.P.C. and sentenced to undergo 10 years R.I. with a fine of Rs. 10,000 and in default of payment of fine further imprisonment for one year.
(2.) THE author of the F.I.R. is S. O. Police Station, Ratanpuri namely, D. N. Verma lodged on 17.11.2004 at 11.15 p.m. THE deceased is one Km. Jyoti. It is alleged in the report that the aforesaid Station Officer, who is also the author of the F.I.R., alongwith S.I. Chandra Pal Singh, Constable Ram Veer Singh, Constable Sukhram, Constable Ashok Kumar and Driver Yashveer Singh were on patrol duty and at the relevant time, the police force headed by S.O., D. N. Verma, informant of this case, was on Khatauli Road. Constable Rajesh Kumar and Ram Autar who were deployed for picket duty, notified the Station Officer that they had seen one Indica Car on way to Fulat village in which they heard shrieks of a lady and all of a sudden, the shrieks also stopped. Hearing this, the Station Officer asked the constable to accompany him in the Jeep and the Jeep proceeded towards the road leading to Fulat village. After covering some distance, the police party saw in the headlight of the Jeep two persons pulling out a lady. THE police force upon approaching nearer to the car caught hold of the aforesaid two persons and at the relevant time the lady though in precarious state, was alive and it was noticed that her head was singed with acid burn and there were marks of injuries on her head, neck and also on her right shoulder. On being queried, she gave her name as Jyoti daughter of Baljeet resident of House No. 56, Gali No. 16, Jagatpuri, P.S. Preeti Vihar, New Delhi. She also disclosed the name of her mother as Smt. Varsha and also gave her mobile number as 9871020368. She also disclosed that one of the accused persons was Sandeep and she was employed at the mobile call centre situated at Mayur Vihar, Phase I. She also told that during courtship, aforesaid Sandeep had access to her and she became enceinte. She also told that the aforesaid Sandeep had called her on telephone to meet him at Laxmi Nagar crossing near light and gave her to understand that he would marry her at Haridwar. It is further alleged that on being interrogated, the accused also told his name as Sandeep and resident of T-8 Sector 15, P. S. Sector 20, N.O.I.D.A. THE co-accused also gave his name as Shashi Bhusan son of Shyam Singh resident of Kondali House No. D 147, P.S. New Ashok Vihar, New Delhi. THE accused persons further told they purchased acid bottles and blade from Modinagar. It is further alleged that the deceased also told the police that Sandeep wanted her to agree to abort the child but when she declined, accused Sandeep started beating and assaulted her. She also told that when she threatened Sandeep to reveal the entire matter to his family members and also to the police, the accused persons took the car to a lonely place and were preparing to throw her in the sugar-cane field. She also disclosed to the police that she was assaulted by tools of the car namely Jack and Pana and acid was also thrown on her and they also assaulted with blade on her neck. It is further alleged that finding her conditions deteriorating, she was rushed to Muzaffarnagar Government Hospital but upon reaching the hospital, she breathed her last. The post-mortem of the deceased Jyoti was conducted by Dr. B. S. Caudhary on 19.11.2004 and he noted following ante-mortem injuries on the person of the deceased. 1. Multiple lacerated wounds in an area of 22 cm. x 6 cm. ranging from 16 cm. x 3 cm. x bone deep 5 cm. x 0.5 cm. x muscle deep. Clotted blood present. 2. Incised wound 2.5 cm. x 1 cm. x bone deep left side of face from lateral to left eye. Clotted blood present. 3. Incised wound 3 cm. x 0.5 cm. x bone deep on left head 7 cm. below left eye brow. Clotted blood present. 4.Chemical burn injury from all over head hairs were charring and skin burnt chemically. 5. Multiple contusions on right side of face and neck in an area of 12 cm. x 5 cm. ranging from 5 cm. x 1.5 cm. to 2 cm. x 0.5 cm. Bluish and reddish colour present. 6. Multiple incised wounds in an area of 10 cm. x 12 cm. front of neck 10 cm. x 3 cm. x cartilage depth 7 cm. x 3 cm. x muscle deep. Clotted blood present. 7. Multiple incised wounds in front of inner part of right fore-arm above wrist joint ranging from 7 cm. x 1.5 cm. x muscle deep to 5 cm. x 0.8 cm. x muscle deep. Clotted blood present. 8. Abraded contusion extending from shoulder right wrist to hand ranging from 15 cm. x 7 cm. to 2 cm. x 2 cm. Clotted blood present. 9. Traumatic swelling on middle of right upper arm on opening humerus bone was fractured size 9 cm. x 5 cm. 10. Multiple abraded contusions from left shoulder to left hand ranging from 12 cm. x 6 cm. to 0.5 cm. x 0.5 cm. Clotted blood present. 11. Multiple linears abrasions sharp edges on below left front arm ranging from 5 cm. x 2 cm., Clotted blood present. 12. Multiple abraded contusions on whole back and gluteal region ranging from 21 cm. x 15 cm. to 3 cm. x 1 cm. Clotted blood present. 13. Multiple abraded contusions on front of umbilicus ranging from 10 cm. x 3 cm. to 3 cm. x 1 cm. Clotted blood present. 14. Multiple linear abrasions on back of neck 7 cm. x 2 cm. Clotted blood present. 15. Multiple abraded contusions on right thigh outer part ranging from 14 cm. x 10 cm. to 3 cm. x 1 cm. Clotted blood present. 16. Multiple abraded contusions on left thigh and foot on outer part ranging from 10 cm. x 5 cm. to 2 cm. x 1 cm. Clotted blood present. 17. Chemical burn injury all over body ranging from 12 cm. x 8 cm. to 2 cm. x 4 cm. except upper part of chest. According to the opinion of the doctor causative factor of death of the deceased was ante-mortem injuries.
(3.) AFTER completion of the investigation, charge-sheet was submitted against the accused persons and the case was committed to the Court of Session. The Sessions Judge framed charges against the appellants under Sections 302/34 and 316/34, I.P.C. The prosecution examined Dayanand Verma, Inspector as P.W. 1, S.I. Sri Chander Pal Singh as P.W. 2, Constable Ram Avtar Singh as P.W. 3, Head Constable Harendra Singh as P.W. 4, Shobir Singh as P.W. 5, Dr. B. S. Chaudhary as P.W. 6, Shamshad as P.W. 7, Baljeet Singh as P.W. 8, Jagdish Singh as P.W. 9 and Rajiv Girothi as P.W. 10.;