STATE Vs. OM PRAKASH

JUDGEMENT

(1.) Criminal Appeals No. 105, 156, 274, 288 and 460 of 2013 arise out of the impugned judgment dated 1st October 2012 of the learned Additional Session Judge in Sessions Case No. 56 of 2010 whereby all the five Appellants were convicted for offences under Sections 302/323/34 IPC and the order on sentence dated 5th October, 2012 awarding each of the Appellants the death sentence. By the Death Reference No. 5/2012 the State has sought confirmation of the death sentence. The Appellants have been convicted for offence under Section 302 read with Section 34 IPC for having murdered Yogesh and Asha in furtherance of their common intention on the 14th June, 2010 between 1 and 5 am at House No. C-101, Gali No. 3 LP. Colony, Delhi. The Appellants Suraj and Maya are the parents of the deceased Asha. Appellant Om Prakash and Khushboo are the uncle and aunt of Asha and Appellant Sanjeev, her cousin, son of Om Prakash.

(2.) PW4 Rakesh is the Complainant, maker of the FIR, and the prosecution case unfolds from his complaint. He has stated that he was a tailor by profession and his brother-in-law Yogesh @ Bhopu, the deceased used to drive a Maruti Van No. DL 2CL 6133 which was owned by PW4. Yogesh, whose parents had passed away, was living in a house adjoining that of PW4. Yogesh was having an affair with Asha, daughter of Appellants Suraj and Maya, resident of C-409, 410, Gokul Puri. About 24-25 days prior to the day of alleged incident Asha along with her mother Maya and maternal aunt (mausi) was passing in front of Yogesh's house, when Asha stated that she would marry Yogesh @ Bhopu and live in his house. On this Maya is stated to have scolded Asha. In the meantime PW4 Rakesh came out. Suraj, Asha's father, also reached there. PW4 Rakesh also called Yogesh outside and asked Asha whether she wanted to marry Yogesh. Asha then stated in the presence of her parents and maternal aunt, "Main Shaadi Karungi to Isi Se Karungi". On hearing this Suraj and Maya started beating Maya and the Appellant Suraj threatened Yogesh that if he talked with Asha he would be killed.

(3.) On 13th June, 2010 at around 10 to 10.30 pm when PW4 returned home from his workplace, Yogesh @ Bhopu told him that he had received a telephonic call from Asha asking him to come to the house of her uncle Om Prakash Saini situated at Indra Prastha Colony, Gali No. 3, C-Block, House No. 101 for talks of marriage. The two of them took dinner and thereafter at around 11 to 11.30 pm left in the Maruti Van No. DL 2CL 6133. They reached the house of Om Prakash at around 12 midnight to 12.30 am. The door was opened by Om Prakash who called both of them inside. Inside the house Suraj, Maya, Khushboo, Sanjeev s/o Om Prakash and Asha were also present. They started talking and during the said conversation the other side raised the issue of caste stating that they were Saini and Yogesh and PW4 were Jatavs. Thereafter, Om Prakash and Suraj started abusing and manhandling Rakesh and Yogesh. After hearing the noise some neighbours collected outside the house of Om Prakash. Thereafter, Yogesh and PW4 ran out of the house. PW4 ran in the direction in which the van was parked thinking that Yogesh would follow. However, Yogesh ran in the opposite direction. The keys of the van were with Yogesh and PW4 did not know how to drive. PW4 stopped at a distance from the van and waited for Yogesh. After waiting for a considerable amount of time, when Yogesh did not arrive, PW4 thought that Yogesh might have returned home by another way. Therefore, Rakesh PW4 came to the main road, hired a TSR and reached home. The next morning PW4 woke up and went to Yogesh's house and called him. Yogesh's aunt, who used to reside on the ground floor, stated that Yogesh had not returned home the previous night. PW4 noticed that Yogesh's van was also not parked outside the house. He immediately went to the house of Om Prakash where he found a crowd in the street. He was informed that in the night a boy and a girl had been murdered there. PW4 has proved his statement Ex. PW4/A on the basis of which FIR was registered.