LAWS(SC)-2025-2-134

SOVARAN SINGH PRAJAPATI Vs. STATE OF U.P.

Decided On February 04, 2025
Sovaran Singh Prajapati Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) These appeals arise out of judgment and order dtd. 1/10/2018 passed by the High Court of Judicature at Allahabad in Capital Case No.2611 of 2017 and Reference No.05 of 2017. The impugned judgment of the High Court confirmed the judgment of conviction dtd. 28/2/2017, and the sentence of capital punishment imposed vide judgment dtd. 1/3/2017 upon the appellant by the Additional Sessions Judge, Mainpuri in Sessions Trial No.377/2014, titled State vs. Sovaran Singh, under Ss. 302 and 201 of Indian Penal Code 1860 [for short 'IPC 1860'].

(2.) Brief Facts, as allegedly set out by the prosecution, are that in the intervening night of 29th - 30th of June 2014, the appellant returned home in an inebriated state, also carrying two bottles of liquor which he then consumed along with his father. Sometime later, a quarrel ensued between them which led to the appellant slapping his father, who was, as a result, injured in his ear. Thereafter, he demanded money from his wife Mamta to procure more liquor which she denied. As such he trashed, abused and eventually killed her. He also killed his daughter Sapna who was twelve years old. Resultantly, FIR No.128 of 2014 was registered under Sec. 302 IPC at P.S. Karhal, District Mainpuri. With the completion of the investigation, challan was presented in the Trial Court and the appellant herein was put to trial.

(3.) Post-Mortem conducted by Dr. Rajesh Kumar Mishra (PW-3), found the following injuries on both the deceased persons, as recorded by the High Court in the impugned judgment: