SOVARAN SINGH PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) Present reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen assailing judgment and order dated 01.03.2017 passed by Sri Gurpreet Singh Bawa, Additional Sessions Judge, Court No. 1, Mainpuri in Session Trial No. 377 of 2014, whereby accused-appellant has been convicted under Sections 302 and 201 IPC. Considering the case to be rarest of rare, accused-appellant was awarded death sentence with a fine of Rs. 20,000/- and in default of payment of fine, he has to undergo Rigorous Imprisonment (hereinafter referred to "R.I.") for two months. Further under Section 201 IPC, he was sentenced to undergo R.I. for seven years with a fine of Rs. 5000/- in case of default in payment of fine, he has to further undergo R.I. for two months. Out of fine realized, Rs. 20,000/- was to be paid to the family of deceased.

(2.) As per prosecution case, incident in the instant case relates to double murder committed by accused-appellant Sovaran Singh Prajapati, of his own wife and minor daughter. Prosecution case as per First Information Report (hereinafter referred to as 'FIR) Ex. Ka-6 lodged on 30.06.2014 at 10:00 AM, at P.S. Karhal, District Mainpuri, by P.W. 1 informant, Rajnesh Kumar resident of village Nagla Pajawa, P.S. Kotwali Nagar, District Mainpuri is that marriage of his maternal sister Mamta, was solemnized about 15 years ago with accused-appellant Sovaran Singh Prajapati, resident of village Rooppur, P.S. Karhal. On the fateful day, i.e. 30.6.2014, Informant got information on phone that accused-appellant Sovaran Singh Prajapati (husband) had murdered her wife (Mamta) by assaulting her with stone and bamboo stick and also killed his daughter, Km. Sapna, aged about 12 years by throwing and smashing her on ground and pressing her neck by feet. Cause of murder mentioned in FIR was denial of money by Mamta to appellant for purchase of more liquor which enraged and annoyed appellant to the extent that he became so furious and violent, using filthy languages, assaulted his wife and daughter brutally to death. When Informant reached the spot, his niece Poonam and nephew Ankush narrated entire incident to informant. FIR further says that their dead bodies were lying on the roof of house.

(3.) On the basis of written report Ex.Ka-1, Chik FIR No. 128 of 2014 (Case Crime No.168 of 2014) Ex.Ka-6, was registered under Section 302 IPC by P.W. 4 Constable Ramveer Singh. He also made entry in General Diary, certified copy whereof is Ex.Ka-7 on record. Thereafter P.W. 5 Inspector Balbir Singh visited place of occurrence; recorded statements of witnesses, Rajnesh Kumar, Poonam and Ankush; prepared recovery memos Ex.Ka-9 in respect of blood stained and plain earth and Ex.Ka-12 with respect to lathi; Ex.Ka-10 site plan of the place of incident and Ex.Ka-11 site plan of the place wherefrom recovery of blood stained bamboo was made. After sealing dead bodies, he sent them to mortuary of District Hospital Mainpuri after preparing Inquest report as well as other relevant police papers along with sample seal, for post-mortem.