NATTHU Vs. STATE OF U.P.

JUDGEMENT

(1.) THE present death reference along with Criminal Appeal No. 3191 of 2012, filed by Natthu and connected Criminal Appeal No. 3046 of 2012, filed by Rakesh, Mahavir, Viresh, Jai Prakash, Pappu and Gulab Singh arises out of Judgment of conviction and order of sentence dated 30.07.2012, passed by Additional Sessions Judge, Court No. 6, Budaun in ST No. 1418 of 2008, by which appellants have been held guilty of committing offences under Sections 147, 201 and 302/149 IPC respectively and each of them was directed to undergo rigorous imprisonment for 2 years along with fine of Rs.2000/- under Section 147 IPC; 7 years rigorous imprisonment along with fine of Rs.7000/- under Section 201 IPC and death penalty and fine of Rs.25,000/- under Section 302/149 IPC.

(2.) THE reference was made by the learned Trial Judge for confirming the sentence of death under Section 366 Cr P C and the same set of convicts also preferred the aforesaid two appeals.

(3.) THE prosecution story emanates from a written report (Ex.ka-1) dated 23.05.2006, given by Sakku (PW-1), addressed to Prabhari Nirikshak, PS Gunnaur, District Budaun, alleging that on the intervening night of 22/23-05.2006 at an undisclosed time, while his brother Deen Dayal was sleeping in the fields, then upon his shrieks, informant (PW-1) along with Vijay Pal (not examined), Pappu (PW-2) and Latoori (not examined), reached the scene of occurrence to witness that accused-appellants, namely, Rakesh, Mahavir, Natthu had caught-hold of his brother Deen Dayal, Viresh and Jai Prakash were lighting the fire, whereas Pappu and Gulab Singh had caught-hold of one Km. Anita. Thereafter, all the accused persons threw both, his brother Deen Dayal and Km. Anita in flames of fire. The informant remonstrated but the accused persons retaliated by gun shots. The informant alleged that the accused persons committed the murder of both Deen Dayal and Km. Anita, on account of a love affair. On the basis of the written report, an FIR (Ex.ka-4) was registered on 29.5.2006 at 21.15 hours, by PW-3 Jagpal Singh at PS Gunnaur, who made necessary entries in the general diary and also drew copies of the FIR (Ex.ka-5) under his signatures. A final report was submitted just a day after and thereafter a request for re-investigation was made before the Circle Officer only on 28.01.2007 on the basis of which alleged investigation was made and charge-sheet filed.