ANIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On being found guilty under Section 302 read with Section 34 I.P.C., the appellant Anil alias Teetu has been sentenced to death by the judgment dated 21-10-2000 passed by Sri J.S.P. Singh, Additional Sessions Judge, Bulandshahr in Sessions Trial No.927/1993, Appellant has been further convicted and sentenced to imprisonment for life under section 364 I.P.C. and also to two years R.I. under Section 201 I.P.C. All the sentences have been ordered to run concurrently.

(2.) Learned Sessions Judge has also made a reference to this Court for confirmation of death sentence awarded on the appellant.

(3.) Deceased of this case, Nirvikar aged about 18 years, was the son of complainant P.W. 1 Bhopal Singh. He was related to accused Anil alias Teetu in as much as maternal grand mother of the appellant and mother of complainant Bhopal Singh were real sisters. Anil alias Teetu was running a merchandise shop in front of the house of Bhopal Singh. As per the prosecution case that anti-social elements used to gather at the shop of accused Anil and they used to tease girls causing displeasure and annoyance to the inhabitants of the locality. They complained of this to Bhopal Singh and his son Nirvikar, who was thick and close to appellant. Nirvikar tried to persuade Anil not to permit eve-teasers to sit on his shop but the appellant did not pay any heed. About fifteen days before the incident in question even a quarrel took place between appellant and deceased on this issue and abuses were also exchanged Nirvikar deceased however succeeded in getting the shop of the accused closed. Accused Anil is then alleged to have given threat to Nirvikar saying that he would open the shop only when he succeeded in taking revenge of his insult. The exact words which he uttered were "Aab dukan tabhi kholunga Jab tujh ko bhugat loonga." It is further alleged by the prosecution that with some ulterior designs appellant developed psuedo-friendship with the deceased and started visiting him again.