SANTOSH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above three appeals have been preferred against the judgment and order dated 27-10-1999 passed by Sri Indra Bahadur Singh, the learned 3rd Additional Sessions Judge, Varanasi, in Sessions Trial No. 161 of 1996 convicting the appellants Manoj Kumar Gupta and Santosh Kumar under Sections 376 and 302 read with Section 34, I.P.C. and sentencing them to imprisonment for life under Section 376, I.P.C. and to death penalty under Section 302 read with Section 34, I.P.C. and convicting appellants Kanhaiya Lal and Rajesh alias Raju under Section 302 read with Section 34, I.P.C. and sentencing each of them to imprisonment for life. The learned Additional Sessions Judge has also made references for confirmation of death sentence awarded to the appellants Santosh Kumar and Manoj Kumar Gupta.

(2.) The prosecution story, briefly stated, was as under:- Jeo Bodh Lal Srivastava (P.W. 1) was residing in mohalla Rampur, P. S. Ramnagar, district Varanasi along with his wife Smt. Shashi Kala (P.W. 2) daughter Km. Anita alias Pinki deceased aged about 14 years, another daughter Km. Aruna (11) and sons Ashwani Kumar, Akhilesh and Ashish. Jeo Bodh Lal (P.W. 1) was serving in Irrigation Department at Varanasi and used to go to his office daily in the morning from his house. Appellants Santosh Kumar, Rajesh alias Raju and Kanhaiya are real brothers and were also residing in said mohalla. The appellant Majoj Kumar Gupta was also resident of said mohalla. There was a lane in mohalla Rampur passing from north to south. The house of Jeo Bodh Lal (P.W. 1) was situated towards east of the lane while that of Manoj Kumar Gupta was situated towards west of the lane in its southern end. On southern side of the lane there was house of Chamroo Yadav who was doing business of selling milk and was known as Chamaroo Sardar.

(3.) On the evening of 23-1-1996 at about 6.00 p.m. Smt. Shashi Kala (PW 2) wife of Jeo Bodh Lal (PW 1) as usual had gone to the house of Chamroo Yadav for bringing milk. When she did not return in due time her daughter Km. Anita deceased went to see her. Smt. Shashi Kala (PW 2) returned to her house at about 6.30 and found that her daughter Km. Anita and son Aswani Kumar were not at the house. After 10 minutes Km. Anita came to her house weeping. Smt. Shashi Kala (PW 2) enquired from her as to what happened, then she told that when she (Smt. Shashi Kala) did not return from the house of Chamaroo Sardar she went to see her and when she reached in front of the house of Murlidhar Gupta (father of appellant Manoj Kumar Gupta), Manoj Kumar Gupta and Santosh Kumar appellants were standing and they dragged her inside a room where they committed rape on her and threatened her that in case she disclosed the incident to any body they would kill her. Telling it she started weeping Smt. Shashi Kala (PW 2) went to the house of appellant Santosh Kumar and thereafter to the house of Manoj and complained about it. After some time of returning her to her house, appellants Santosh Kumar, Rajesh, Kanhaiya and Manoj Kumar came to her house and broke open the boundary wall and made the gate fall down. They entered into the house and damaged ventilator and other household property. When Smt. Shashi Kala (PW 2) objected then they dragged and pushed her into veranda. Km. Anita also came in the courtyard. The appellant Santosh Kumar and Manoj Kumar Gupta caught hold her hand and dragged her inside the room towards east in the courtyard. Inside the said room Kanhaiya Lal sprinkled kerosene oil on Km. Anita and on the exhortation of Manoj Kumar and Santosh Kumar, Rajesh set fire on her with a match stick. When Smt. Shashi Kala (PW 2) tried to save her, she was again dragged by Manoj Kumar Gupta and Santosh Kumar appellants. She raised alarm but none could come to save Km. Anita due to fear of appellants. Thereafter the appellant went away. Smt. Shashi Kala (PW 2) then reached to Km. Anita and found her drying with pain. She tried to extinguish fire with he help of curtain but Km. Anita was completely burnt and was demanding water.