MASTAN SHAH Vs. STATE OF U.P.

JUDGEMENT

(1.) HOW judicial enthusiasm may put into peril the lives of innocent persons is best illustrated by the impugned judgment on the basis of which the learned Additional Sessions Judge, Court No. 6, Badaun, was making reference under Section 366 Cr. P. C. to this Court to confirm the sentence of death, passed on two pitiable souls, who are the respondents in the death reference and who have also preferred their appeal against the judgment dated 20.4.2013 passed by the abovenoted court in Sessions Trial No. 882 of 2012.

(2.) TWO dead bodies were found in the house of the respondents / appellants. At the time of the recovery of the dead bodies, undisputedly, the respondent Mastan Shah was not at his house. The other respondent, i.e., his wife Shakila was there. The police seized the dead bodies, but what appears from the prosecution case, is that it had been moved to come to the place of occurrence only on the basis of the written report Ex. ka1, which recited that the son of PW1, named, Idrish @ Kallu, aged 28 years, had cosy relationship with the daughter of respondentsappellants Mastan Shah and Shakila. They had fallen in love for each other and used to meet which had caused a sense of annoyance in the mind of Mastan Shah.

(3.) SAYING this, it was alleged that appellant Mastan Shah moved towards the village, whereafter, the informant along with other villagers came inside the house of appellant Mastan Shah to find that the two dead bodies of Idrish and Km. Chandani were lying in the verandah of the house of the appellants. The informant alleged the twin murders had been committed only because the two deceased were in love with each other and further that the twin murders had been committed during night.