STATE Vs. RAMESH

JUDGEMENT

(1.) This Murder Reference under Section 366 of the Code of Criminal Procedure and the connected appeals arise from the judgment dated 17.5.1997 passed by the learned Additional Sessions Judge, Delhi. Two accused, the appellants in the present appeals, were charged and tried for the offence under Sections 376/302/364/377/34 of the Indian Penal Code. Appellant Ramesh has been awarded death sentence and appellant Sunil is sentenced to imprisonment for life under Sections 302/34,1.P.C. Both of them have been sentenced to imprisonment for life for the offence under Sections 364/34; 376/34 and 377/34, 1.P.C. and all the aforesaid sentences made to run concurrently.

(2.) Murder Reference No. 2/97 is the reference made to this Court by the Additional Sessions Judge, Delhi under Section 366, Criminal Procedure Code for confirmation of the death sentence awarded to the convict Ramesh, s/o Jaswant. Crimmal Appeal No. 396/97 is preferred by convict - appellant Ramesh s/o Jaswant whereas Criminal Appeal No. 402/97 is preferred by convict - appellant Sunil s/o Leela Ram against the said judgment of conviction and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Delhi.

(3.) The case revolves around the incident which is stated to have taken place between 11 a.m. and 9.30 p.m. on 5.9.1992. The prosecution case, as revealed, is that one Smt. Sharda w/o Daulat Ram was residing in Jhuggi No. 86, Daya Basti, near Railway Line, Delhi and was working at a factory manufacturing tube-lights, situated at Gali No. 9, Factory Area, Anand Parbat; that on 1.9.1992 Sharda alongwith her daughter Anuradha aged four years came to the Jhuggi of Tara, near Railway Line in front of Liberty Cinema for cleaning her Jhuggi; that on 1.9.1992 and 4.9.1992, she did not report to her duty; that on 5.9.1992, she went to her duty from Jhuggi of Tara and that Tara was to reach Sharda's Jhuggi at Daya Basti alongwith Anuradha; that after the service hours, Sharda reached her Jhuggi at Daya Basti at about 8 p.m. where Tara was present who asked her to prepare meals. Sharda inquired from Tara about Anuradha so that she can also take the meals whereupon Sharda was told that Sunil s/o Gyano Devi had come to her house situated at Punjabi Basti at about 11 a.m./12 noon for the purpose of collecting utensils which were earlier taken by Sharda from Gyano Devi and Sunil took the utensils and Anuradha with him while Tara had gone to fetch milk and when she returned, she found Anuradha and Sunil not in Jhuggi whereupon Sharda, Tara and neighbour Gariba came to the house of Sunil at 9.30 p.m. at Punjabi Basti, Gali No. 2 where Gyano Devi was also present; that on enquiry, Gyano Devi told Sharda that Anuradha was sleeping with Ramesh at the Tin shed; that Sharda went upstairs where she found Sunil sleeping dead-drunk on the first floor. Sharda proceeded to Tin shed and found Anuradha lying stark naked with Ramesh; that Ramesh was awakened by her and was told that she was taking her daughter therefrom but Ramesh is stated to have told her that as it was too late in the night asked Sharda to let Anuradha sleep there and take her in the morning time but Sharda forcibly took her daughter downstairs; that Sunil had also awakened by that time and told Sharda that they had sent Anuradha to the heavens by making her drink liquor; that Tara and Gyano Devi were standing downstairs; that on asking, Gyano Devi gave frock and clothes of her daughter; that Sharda found her daughter breathless and she immediately brought her to L.N.J.P. Hospital at 11.40 p.m. where doctor declared Anuradha having been brought dead.