SATISH; CROSS APPEAL Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Satish was charged by the Additional Sessions Judge (Court No. 6) Meerut in Sessions Trial No. 796 of 2001 for offecnes punishable under Sections 302/376 (2) (f)/363/366/201 IPC. Vide judgment and order dated 29-10-2002, the learned Judge convicted and sentenced Satish in the manner stated hereinafter: (i) Under Section 302 IPC to death; (ii) Under Section 363 IPC to seven years RI and to pay a fine of Rs. 2000; (iii) Under Section 366 IPC to seven years' R and to pay a fine of Rs. 2000; (iv) Under Section 376 (2) (f) IPC to imprisonment for life and to pay a fine of Rs. 2000 ; and (v) Under Section 201 IPC to seven years RI and to pay a fine of Rs. 2000. The learned Judge directed that in case the appellant did not deposit the fine, he would undergo a sentence of six months. The sentences were directed to run concurrently.

(2.) CRIMINAL Appeal No. 299 of 2002 has been preferred by Satish against his conviction and sentence on the aforesaid counts and Capital Sentence reference No. 3 of 2000 arises out of the reference made by the learned Judge under Section 366 (1) Cr. P. C. to this Court for confirmation of the death sentence of Satish. Since they arise out of a common factual matrix and impugned judgment, we propose disposing them off by one judgment.

(3.) THE evidence of SHO Mahendra Singh Negi PW 8 shows: On 17-8-2001 in his presence FIR was lodged by the informant Amrish Kumar. He thereafter, recorded the statement of Head Constable Jaiveer Singh, who had registered the case on the basis of FIR and that of the informant Amrish Kumar at the Police Station itself. He then left for the place of the incident, where under his supervision SI Rama Kant Yadav performed the inquest on the corpse of the deceased. On the pointing out of the informant he prepared the site plan and in the presence of a public witness Satendra Kumar PW 4 recovered the tie of the deceased under a recovery memo (Exhibit ka-2 ). On 18-8- 2001, on information from an informer he arrested the appellant from near Kalindi Out Post. During the course of interrogation the appellant confessed his involvement in the crime. On 19-8-2001, at the pointing out of the appellant in the presence of Kulbhushan PW 5 and some others he recovered the underwear of the deceased under a recovery memo (Exhibit Ka-3 ). THEreafter, the appellant took him to his house and his underwear was recovered on his pointing out in the presence of Kulbhushan PW 5 and some others under a recovery memo (Exhibit Ka-4 ). On the said date he recorded the statements of Suresh and Lekh Raj. On 2-9-2001, he recorded the statement of Kulbhushan. On 24-9-2001, he recorded the statements of Sanjeev PW 3 and some others. He thereafter, submitted the charge-sheet against the appellant.