JAYHIND SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Capital CASE No. - 2521 of 2014 with reference No.7/14.

(2.) The present capital appeal has been filed being aggrieved against the judgment and order of conviction and sentence dated 13.6.2014 passed by Additional Sessions Judge, Court No.1, Gorakhpur, in S.T. No.450/01 arising out of case crime no.697/97, P.S. Pipiganj, District Gorakhpur by which appellant Jayhind was held guilty, who has been convicted and sentenced under section 302/34 IPC for death punishment with fine for a sum of Rs.50,000/-. Since the trial court awarded capital punishment hence reference has been sent to this Court for confirmation of the sentence.

(3.) The brief facts of the case is that first information report was lodged by Smt. Jai Kumari wife of Shyam Sunder Singh daughter of deceased Smt. Pavitra Devi against Jayhind, son of deceased (step brother of the informant) and Chandradev @ Bhola Yadav son of Mahesh Yadav. The FIR was got written by Shyam Sunder Singh S/o Sri Baijnath Singh, residence of Jangal Jhajhava Vela, Mangalpur, P.S. Pipiganj, District Gorakhpur. As per FIR version informant Jai Kumari wife of Shyam Sunder Singh was resident of village Mangalpur, P.S. Pipiganj, Gorakhpur. She along-with her mother Smt. Pavitra Devi wife of late Munni Lal Singh, younger sister Saroj and father-in-law Baijnath Singh was coming to Pipiganj Bazar from his maternal house situated at village Koluva. While she was coming along-with them, at about 9 O' Clock in the morning, when they reached at Nali (drainage) for irrigating of field, from tubewell, in between the agricultural field of Ram Samujh and Parvati, his step brother Jayhind Singh along-with his companion Chandradev @ Bhola Yadav S/o Mahesh Yadav, Village Bhitaha, P.S. Sahajnava came out from sugarcane field and both pushed us and shot fire with countrymade pistol at her mother. When they tried to caught hold then Chandradev @ Bhola Yadav by firing with countrymade pistol in the air stopped us to proceed forward and Jayhind threatened us stating that she will give the property to her sister after death. Due to that incident the terror was created in the village and villagers present in their house and working in their agricultural fields due to terror and threat they started running. The dead body of his mother was lying on the spot. She came at police station to give information for necessary action. Regarding motive it was stated in the first information report that his step brother committed offence because some altercation took place with regard to the expenses of the marriage of younger sister Saroj. The FIR was lodged on the same day i.e. 26.12.1997 at 2.15 P.M. Chick report was prepared, fist information report was registered at case crime no.679/97, under section 302 IPC, thereafter, Station Officer with police force proceeded for the place of incident. The distance from the place of incident and police station was about two km. towards west. Blood stained and plain earth was recovered from the place of incident where dead body was lying i.e. Ext. Ka-11. FIR and chick report was proved and exhibited as Ext. Ka-1. Panchayatnama was prepared and dead body was sent for postmortem.