SANKATA Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. Capital Sentence No. 2 of 1993 connected with Criminal Appeal No. 368 of 1993, arises out of the judgment and order dated 6-5-1993, passed by VIth Addl. Sessions Judge, Sitapur, convicting the appellant, Sankata under Section 302/34, I. P. C. and awarding death sentence to him.

(2.) THE appellant Sankata alongwith three other accused persons, namely, Sita Ram, Chhotey and Pyarey was prosecuted under Section 302/34, I. P. C. Accused Sankata was further prosecuted under Section 302 I. P. C, simpliciter.

(3.) IT is said that on 20th May, 1991, at about 11-30 P. M. Prithvi Pal deceased, Shrimati complainant and her son-in-law Mahanand were sleeping outside the house. IT is further said that the accused persons came there and on hearing noise all the three persons woke up and saw and accused persons standing near the cot of Prithvi Pal. Accused Sankata and Chhotey said that Prithvi Pal is responsible for levelling the charge of theft of she-buffalow and therefore, he shall be killed. IT is said on the instigation accused Sankata who was armed with Katta fired at Prithvi Pal as a result of which Prithvi Pal Singh fell down and dies on the spot. Shrimati raised an alarm and on hearing the alarm Raj Kishore, Paloo and other persons reached there and witnessed the incident. IT is further, alleged that thereafter the accused persons ran away. Shrimati widow of Ram Singh thereafter got the report (Ext. Ka-1) scribed by one Masterji and lodged the same at P. S. Sakran on 21-5-1991 at about 7-30 A. M. The distance of the police-station is 6 kms. from the place of incident.