PANNALAL Vs. STATE

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 8.9.2004 passed by the Additional Sessions Judge, Court No. 3, Moradabad in Sessions Trial No. 612 of 2001 ( State vs. Panna Lal ) convicting the appellant Panna Lal under Section 302 I.P.C. for life imprisonment and a fine of Rs. 7000/- as also under Section 328 I.P.C. and sentenced for 5 years rigorous imprisonment and a fine of Rs. 3000/-. Both the sentences are to run concurrently.

(2.) Briefly stated, the case of the prosecution is that the informant Maan Singh son of Gajram Singh resident of Durgesh Nagar, Double Phatak, Moradabad informed the police at the Police Station Katghar by moving a written report on 30.5.2001 that the appellant Panna Lal was occupying one room at the third floor of his house as tenant since 22.5.2001 and he was residing therein alongwith his wife and children. The said room was locked from outside and some bad smell was coming from the room. He had requested the police authorities to accompany him to the place to find out the reason.

(3.) On the said information, the police team of P.S. Katghar reached the spot and found the room occupied by the appellant as tenant, locked from outside and bad smell was coming from the room. In the presence of the witnesses and the owner of the house namely the informant Maan Singh, the lock was broken and they found four dead bodies of wife and three children of the appellant lying on the floor. The recovery memo was prepared. The inquest reports of all four dead bodies were prepared and postmortem was conducted. Apart from other articles, on 31.5.2001, a diary allegedly written by the appellant Panna Lal was recovered from the scene of the incident in the presence of the witnesses and a recovery memo was prepared. The household articles and personal belongings of the deceased were handed over to one relative after the recovery memo was prepared. During the investigation, one Raju Kashyap son of Sumer Singh resident of village and P.S. Bahjoee at present resident of Durgesh Nagar, Police Station Katghar, District Moradabad submitted a written information to the Inspector of Police Station Katghar stating therein that his maternal uncle (Panna Lal) came to him in the afternoon of 31.5.2001 and told that he had caused death of his wife Smt. Poonam who was having illicit relationship with Raju and also eliminated all three daughters who were born out of the said relationship. It was told by the appellant who was having a capsule in his hand and that Raju Kashyap would also be subjected to the same treatment.