CHANDRIKA PRASAD Vs. STATE

JUDGEMENT

(1.) This is a reference made by the Addl, Sessions Judge (Shri N. L. Kakkar) to confirm the sentence of death imposed on the appellant (Chandrika Prasad) who was the first accused for committing the murder of Madhu Khanna. An appeal has also been preferred against the conviction and sentence. The second accused (Naginder Kumar Rastogi), who was charged with having abetted the said offence of murder, was acquitted ; there is no appeal against the said acquittal.

(2.) The case for the prosecution is that the appellant was a tenant under Smt. Shakuntala Devi (P.W.1) of one room in house No. 619/GI/B situate in Ram Nagar, Shahdara on a monthly rent of Rs. 35. Public Witness 1, her husband Manak Chand Khanna (P.W.14) and other members of their family including their daughter Madhu Khanna (deceased) lived in a portion of house No. 1401, which had been taken on rent. The family of the deceased consisted of her parents, brother Arun Kumar Khanna (P.W.9) and five other sisters including Suman Khanna (P.W.2) ; one of them, who is married, has been living in Etawa. The deceased and members of her family used to come to house No. 619, one lane away from house No. 1401 (the distance is said to be fifty two yards only), to use one of the two latrines there as well as to dry clothes on the roof of that house.

(3.) The appellant, aged 22, was employed as a Signaller in the Railways. The deceased, 19 years old, was studying in B.A. class in a local college. It is alleged that the appellant used to tease the deceased and pass indecent remarks against her. When the deceased complained to her mother about it both Public Witness s. 1 and 14 tried to make the appellant understand and that the should behave properly ; he did not however desist from behaving improperly. At about 6 p.m. on 18-5-72 P. Ws. 1 and 14 went to the house of the appellant and asked him to vacate the house; half an hour thereafter he came to where they resided and threatened ; "Agar Aiynada Makan Khali Karne Ko Kahoge To Achha Nahin Hoga" (if you ask me to vacate the house in future it will not be good for you).