CHHANNOO LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present reference and criminal appeal arise out of the judgment and order dated 30-1-1999 passed by Sri Satti Deen Special/Additional Sessions Judge, Mirzapur in Sessions Trial No. 85 of 1995, Chhannu Lal Nikhaddi alias Vishwa-nath Miyane alias Shiv Nath sons of Gopi and Kamil alias Pagli widow of Mannu Lal resident of Solipi, police station Chunar, District Mirzapur were tried in the said Sessions Trial for triple murder of Pavitri Devi alias Munni and her two daughters, namely, Km. Vijay Laxmi aged about 4 or 5 years and Km. Parwati aged about 4 months. Pavitri Devi was the wife of accused Chhannu Lal. Accused Kemli alias Pagli is the wife of Late Munnu Lal brother of Nikhaddi alias Vishva Nath and Miyana alias Shiv Nath. Accused Nikhaddi alias Vishwa Nath, Miyana alias Shiv Nath and Kamli alias Pagli were acquitted. However, learned Additional Sessions Judge convicted the accused Chhannu Lal under Ss. 302 and 201, IPC. He has been awarded death sentence for the offence punishable under S. 302, IPC and life imprisonment under S. 201, IPC. The Court below has made this reference under S. 366 Cr. P.C. for the confirmation of the death sentence, whereas accused Chhannu Lal has preferred the instant appeal against his conviction and sentences.

(2.) The incident allegedly took place in between the night of 29/30-9-94. The salient features of the case as emerging from the first information report and evidence adduced in the Court may be narrated d thus : The deceased Parwati Devi daughter of Luttur Ram P.W. 2 resident of village Payagpur Police Station Chunar, had been married with accused-appellant Chhannu Lal 8 or 9 years before the incident, She had given birth to two daughters, namely, Vijay Laxmi and Parwati who were aged about 4 or 5 years and 4 months respectively at the time of incident, Earlier to the incident, Chhannu Lal used to work in Saudi Arabia, but had returned therefrom about two years before the incident and has not gone there again, while in Saudi Arabia he used to send money to his wife Pavitri Devi and had even purchased land in her name. He developed illicit relations with Kamli alias Pagli widow of his late brother Munnu Lal who had a son also named Sanjay, Pavitri Devi used to object to the illicit relation of her husband Chhannu Lal with his sister-in-law Kamli alias Pagli and there used to be bickerings on this account about two months before the incident, she had gone to the house of her parents and had complained of it to them as stated by her brother Udai Narain P.W. 1. she had even expressed apprehension to her life and to that of her daughters on this score. She did not want to return to her Sasural, but her mother and aunt had made her to agree to return back to her Sasural and Chhannu Lal had fetched her to his house in village Shilpi.

(3.) On 30-9-94 at about 8 a.m. Udai Narain P.W. 1 (brother of the deceased Pavitri Devi) and Luttur Ram P.W. 2 (father of deceased) got information in their village that for greed of money and because of illicit relations between Chhannu Lal and his sister-in-law Kamli alias Pagli he (Chhannu Lal) with his family members had committed murder of Pavitri Devi and of her two daughters and had caused to disappear their dead bodies. Luttur Ram P.W. 2 (father of the deceased) went to his daughter's Sasural Shilpi on getting such information but found that the house of his son-in-law Chhannu Lal was locked and all the accused had disappeared. He than set out for search Udai Narain (brother of the deceased Pavitri Devi) and Raj Kumar P.W. 5 (bahnoi of Udai Narain) with certain others also set out for village Shilpi on 30-9-94 in another group. On reaching village Shilpi, they found accused to be present there and made enquiries from Chhannu Lal accused about Pavitri Devi and her two daughters. At first, he allegedly gave out that they died of cholera and their dead bodies had been disposed of in river Ganges. When they doubted his such statement as to how all the three suffered from cholera simultaneously and as to why he did not inform them about it. Chhannu Lal accused changed his statement that Pavitri Devi had burnt her two daughters and had committed suicide by burning her also and that their dead bodies had been disposed of in river Ganges when his such statement too was doubted by them he as well as Miyana alias Shiv Nath Nikhaddi alias Vishwanath and Kamli made an extra-judicial confession that they had murdered them and they could do whatever they liked.