SALEEM Vs. STATE OF U.P

JUDGEMENT

(1.) THESE two connected capital appeals arise from the judgement of Sessions Judge dated 15.7.2010 convicting and sentencing the two appellants Saleem and Shabnam to death sentence under section 302/34 I.P.C. An FIR was lodged by PW-1 Lateef Ullah who was a neighbour of appellant Shabnam and the deceased at Police Station Kotwali Hasanpur which was 4 1/2 Km away from the place of incident on 15.4.2008 at 3.05 a.m. The said report was scribed by Sabir Ali. This FIR alleged that at 2.15 A.M in the night of 14/15.4.2008, the informant had heard the cries of Shabnam "Bachao-Bachao Maare-Maare". He rushed to the house of the deceased Shaukat and on climbed up the stairs of the house he found Shabnam lying in an unconscious condition and found the corpse of Shaukat in the verandah with his neck cut. In the eastern room, Rashid was lying dead on a cot. In the South-Western room, Shaukat's son Anees and his daughter-in-law Anjum were seen lying on the cot with fatal injuries on their necks, and their ten month old child Arsh was also lying dead on the same cot. In the north-eastern room, Hashmi the wife of Master Shaukat and Master Shaukat 's niece Rabia were also lying dead with injuries on their necks. Blood was spread all over. On his alarm, the villagers gathered and he proceeded to the police station for lodging the FIR. After registering the FIR, PW-26 SI Babu Ram Sagar started investigation of this case. After recording the statements of the informant and the scribe, he reached village Bawankhera, and found seven dead bodies at the house of the deceased Shaukat. After conducting inquests, the copses were sealed and sent for the post-mortem through PW 15 Constable Virendra Singh. PW-24 Dr. Deewan Ram conducted the post-mortem on the dead bodies of Shaukat, Arsh and Rashid at District Hospital, Moradabad.

(2.) THE deceased Shaukat Ali, whose post-mortem was conducted on 15.4.2008 at 3.30 P.M had the following ante-mortem injuries:

(3.) PW -27 Dr. R.P. Sharma also conducted autopsy on the body of Km. Rabia aged 14 years on 15.4.2008 at 4.00 P.M. Rigor mortis was present in both upper and lower limbs. Decomposition was not present and clotted blood was present from both nostrils. The following ante-mortem injuries were seen: 1.Transverse incised wound of size 8 cm x 5 cm x trachea, esophagus and blood vessels were cut. Wound direction from right to left. Clotted blood present. Gall bladder, spleen and both lungs were congested. Both chambers of heart were empty. Stomach contained unidentified food material and gases. Death was due to shock and haemorrhage as a result of ante-mortem injuries. Viscera was preserved. Dr. R.P. Sharma conducted post-mortem on the body of Anees aged 35 years on 15.4.2008 at 4.30 P.M. Rigor mortis was present in upper and lower limbs. Decomposition was not present. Blood from both nostrils coming out. Following ante-mortem injuries were found: