RANJEET BAHADUR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Ranjeet Bahadur against the ORDER and order of the Sessions Judge, Firozabad dated 19.3.1991 passed in Sessions Trial No. 25 of 1990 convicting and sentencing him under section 302 I.P.C., for committing the murder of Smt. Subhasin) Raniwala to death. The usual reference for confirmation of the death sentence has also been made by the learned Sessions Judge.

(2.) We have heard both the appeal filed by Ranjeet Bahadur and also the connected Reference. The prosecution case, according to the written report Ext. Ka. 1, is that the accused Ranject Bahadur, who had come from Nepal, was employed as domestic servant about 20 days ago from the date of the occurrence by the complainant Narendra Kumar Raniwala P.W. 1. It is also disclosed that on 26.3.1990 when the complainant P.W. 1 Narendra Kumar Raniwala returned from his cold storage to take his dinner at about 9.00 p.m. he heard some noise (Ghargharahat of his wife which was coming from a room of his house. His son Sanjay and nephew Sudhir P.W. 2 were also following him. The complaint his son and his nephew immediately rushed into the room and saw the accused Ranjeet Bahadur strangulating his wife with the aid of an electric wire and Smt. Subhasini Raniwala-the deceased was lying on the floor. It was also stated that they with some difficulties freed the deceased from the clutches of the accused but the wife of the complainant succumbed to the stranguiation. The accused Ranjeet Bahadur tried to run away from the scene of occurrence. The complainant raised hue and cry and ultimately complainant's son Sanjay nephew Sudhir, P.W. 2 and others apprehended the accused Ranjeet Bahadur and gave him some beating. Thereafter, Ranjeet Bahadur was taken to the police station North, Firozabad and P.W. 1 reported the matter soon after at about 9.45 P.M. The distance between the place of occurrence from the police station is one furlong. On the basis of the written report Chick First Information Report was prepared and the case was registered under section 302 I.P.C. against the accused. The S.S.I. Sarnam Singh, the Investigating Officer. P.W. 8 was entrusted with the investigation. He along with his police force went to the place of occurrence and prepared inquest report, challan lash, Photo lash, letter to C.M.O. and M.O. The body was ultimately sent for post mortem through Constables Bachchu Singh and Bhola Nath P.W. 5. The spot inspection was also made and the site-plan was also prepared which is Ext. Ka-19. Cut electric wire pieces Exts. 1 to 3 were taken into possession and he prepared a recovery memo Ext. Ka-12. The recovered three pieces of electric wire with which strangulation was alleged to have been done, were also sealed. Dr. R.L. Saraswat P.W. 6 conducted the autopsy of the deceased Smt. Subhasini Raniwala on 27.3.1990 and prepared post mortem report which is Ext. Ka-10. According to Ext. Ka-10 the deceased was aged about 48 years. Her body was average built. Rigor mortis was also present. Eyes were congested and half opened. Following ante mortem injuries were found on the body of the deceased.

(3.) TI have explained to Ranjeet Bahadur that he is not bound to make a confession and if he does so, any confession he may make, may be read as evidence against him and I believe that the confession was voluntarily made. It was taken in my presence and hearing and read over to the accused in Hindi and admitted by him to be correct and it contains a full and true account of the statement made by him.