SANDEEP Vs. STATE OF U P

JUDGEMENT

(1.) These appeals arise out of the common judgment of the Division Bench of the High Court of Allahabad in Criminal Appeal No.4148/2007 along with Criminal Reference No.19/2007 by which, the High Court while accepting the Criminal Reference insofar as it related to appellant Sandeep in Criminal Appeal No.1651/2009, rejected the same insofar as it related to appellant Shashi Bhushan in Criminal Appeal Nos.1425-26/2011. In other words, while upholding the sentence of death awarded to Sandeep, the appellant in Criminal Appeal No.1651/2009, the Division Bench modified the sentence into one of life imprisonment insofar as it related to Shashi Bhushan, the appellant in Criminal Appeal Nos.1425-26/2011.

(2.) Shorn of unnecessary facts, the case of the prosecution as projected before the trial Court was that on 17.11.2004 I D.N. Verma (PW- 1) along with Sub-Inspector Chander Pal Singh (PW-2), Constable Rambir Singh, Constable Sukhram, Constable Ashok Kumar and Driver Yashvir Singh were on patrolling duty; that when they reached ahead of Badsu on Khatoli Road leading towards Falut, they met Constable Rajesh Kumar and another Constable Ramavtar who informed PW-1 and other persons accompanying him that one Indica car took a turn for going towards Falut road and that they heard some screaming noise from that vehicle. PW-1, accompanied by the other personnel referred to above, proceeded towards Falut road and after a distance saw an Indica car. They stated to have seen through the focus light of the police jeep two young men trying to pull out a girl in an injured condition by opening the rear door of the car. It is stated that it was around 21.30 hours. The police jeep in which PW-1 and others were proceeding stopped ahead of the Indica car and caught hold of the two young men and also noticed a girl, with injuries all over, on whom acid was also sprinkled. The girl had also sustained injuries on the head as well as on her right cheek. On noticing the above, according to PW-1, when he questioned her, she responded by stating that her name was Jyoti and she is the daughter of one Baljeet Singh, R/o Lane No.16, House No.56, Jagatpuri, P.S. Preet Vihar, New Delhi and that her mother's name was Varsha whose cell number was 9871020368. Inspector D.N. Verma (PW-1) stated to have gathered information from her that she developed friendship with the appellant Sandeep while she was working in a mobile shop. She also stated to have revealed that she was pregnant. According to the information gathered from Jyoti, accused Sandeep had called her on that evening and asked her to come to Laxmi Nagar market, Delhi, around 6 p.m. promising her that he will marry her at Haridwar. Believing his words, she went to Laxmi Nagar market from where she was taken in a car and that while they were moving in the vehicle, accused Sandeep asked Jyoti to get the foetus aborted at Meerut, to which she disagreed. On this, he started beating her inside the vehicle right from the point of Modinagar. She stated to have further informed PW-1 and others that she told accused Sandeep that she would reveal all facts to his family members as well as to the police and that when the vehicle in which they were travelling turned towards an isolated place near Khatoli, they tried to throw her into the sugarcane field at which point of time PW-1 and other police members reached the spot. According to her information to PW-1, accused Sandeep and Shashi Bhushan caused the injuries on her with the aid of a jack and pana (spanner) apart from cutting her with a blade and also by pouring acid on her head. PW-1 stated that on noticing the condition of the girl, he arranged for shifting her to Muzaffarnagar Government Hospital in the police jeep along with Constable Rambir Singh and the driver of the jeep. It was further stated that accused Sandeep and Shashi Bhushan, on being apprehended, also revealed their names and informed that accused Sandeep used to visit deceased Jyoti while she was working in a mobile shop in Mayur Vihar Phase-I for the last six months prior to the date of occurrence and developed friendship with her, and that in course of time, deceased Jyoti pressurized him to marry her. On the date of occurrence, around 6 p.m. he stated to have called her over phone to meet him at Laxmi Nagar red light, that she responded to his call and came to Laxmi Nagar red light where accused Sandeep was waiting along with his friend Shashi Bhushan who drove the vehicle Indica car bearing registration No. DL 3CR 6666 which belonged to his mother. Accused Sandeep stated to have extended a promise to marry her at Haridwar. While the vehicle started moving, accused Sandeep asked Jyoti to get the foetus aborted to which she did not agree instead threatened him by saying that she will reveal all facts to his parents as well as to the police and that as they reached Modinagar, he started beating her. According to the version of accused Sandeep, as told to PW-1, at Modinagar he purchased two bottles of acid and four shaving blades, that when they reached Khatoli, on seeing an isolated place, they tried to pull out the injured Jyoti from the vehicle and that at that point of time they were apprehended by the police. It is the case of the prosecution that while both the accused were taken into custody, the vehicle in which they were travelling was also seized along with the jack and pana, four blades and two acid bottles. The articles, namely, blood stained floor mat, empty bottles of acid, one pair of ladies footwear were stated to have been seized after preparing a seizure memo. A copy of the seizure memo was stated to have been handed over to the accused. It is the specific case of the prosecution that since it was late in the night and it was a lonely place, there were no independent witnesses other than the police personnel. The seizure memo was marked as Exhibit K-1.

(3.) The statement of PW-1 was registered as FIR No.Nil/2004 on the files of P.S. Ratanpuri on 17.11.2004 against both the accused persons for offences under Sections 307, 326, 324 and 328, Indian Penal Code (in short 'IPC') which came to be subsequently altered later on as one under Sections 302/34 IPC after the victim was declared dead by the hospital authorities. On the above set of facts, District and Sessions Judge, Muzaffarnagar framed charges against both the accused persons for offences under Section 302, IPC read with Section 34, IPC and Section 316, IPC read with Section 34, IPC and proceeded with the trial. In support of the prosecution as many as 10 witnesses were examined.