ZAFAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) -This is an appeal by the accused appellant from judgment and order dated 14th of July 2003 by Sri I. B. Singh, Additional Sessions Judge Court No. 1, Etawah passed in Sessions Trial No. 484 of 2002, State v. Zafar Ali convicting the accused appellant under Section 302, I.P.C. and Section 4/25 of the Arms Act sentencing him to death and six months' rigorous imprisonment respectively thereunder.

(2.) THERE is also a reference by the trial Judge under Section 366 of the Code of Criminal Procedure.

(3.) IT appears that at about 5.30 a.m. that very day Zafar Ali taking blood stained knife surrendered at the police station confessing his guilt that at about 3.00 a.m. that very night he murdered his wife Roshan Aara and five daughters. Since he was also named in the F.I.R. already recorded at the police station he was taken in the police custody and blood stained knife recovered from him was sealed in a packet and Head Constable Chhotey Lal prepared the recovery memo thereof (Ext. Ka-46). Then he registered a crime against the accused under Section 4/25 of the Arms Act preparing check report on the basis of the recovery memo and made entry in the G.D. regarding registration of the crime (Exts. Ka-46 and Ka-47). Then S. I. Nanhumal Nigam the Investigating Officer along with S. I. V. P. Rakesh proceeded to the scene of occurrence. On the directions of S. I. Nanhumal Nigam the Investigating Officer, S.I. V. P. Rakesh drew inquest on the dead bodies of Smt. Roshan Aara and her little daughters Robina, Shabina, Madina alias Kanchan, Nagina and Alfiya. He prepared inquest report of the dead body of Alfiya (Ext. Ka-18) and other necessary papers (Exts. Ka-38 to Ka-41) and that of Nagina (Ext. Ka-17) and other necessary papers (Exts. Ka-34 to Ka-37). He also prepared inquest report of the dead body of Kanchan (Ext. Ka-16) and other necessary papers (Exts. Ka-30 to Ka-33) and that of Shabina (Ext. Ka-15) and other necessary papers (Exts. Ka-27 to Ka-29 and Ka-42). Then he drew inquest on the dead body of Robina and prepared inquest report (Ext. Ka-14) and other necessary papers (Exts. Ka-23 to Ka-26). Lastly he drew inquest on the dead body of Roshan Aara, prepared inquest report (Ext. Ka-13) and other necessary papers (Exts. Ka-19 to Ka-22). Then he handed over dead bodies in sealed cover along with necessary papers to constables Aenuddin and Sumsuddin for being taken for post-mortem. He also collected pieces of blood stained and plain cement from the floor from the place of occurrence and prepared their memo (Ext. Ka-43).