BABU LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Here is an unfortunate man Babu Lal named above who was convicted under Section 302 I.P.C. and was sentenced to death for committing gruesome murder of his own wife, minor daughter aged about 13 years and minor son aged about 15 years, on 12-1-94 at about 2-3.00 a. m. in village Dongre Kalan, police station Narhat, District Lalitpur. The sessions Judge, Lalitpur submitted the record of the case before this Court for the confirmation of the death sentence awarded by him to the accused appellant vide his order dated 27-1-98. The accused appellant feeling aggrieved by the said judgment and order of conviction has come up in appeal before this Court.

(2.) It appears that the accused appellant was a poor man. He was having a large family to support consisting of his wife, five sons and two daughters. He was residing in village Dongra Kalan where his brother Kanchedi (P. W. 5) was also residing. He too was a poor labourer, but was having a large family consisting of six sons and four daughters. The accused appellant was having a small house consisting of two rooms, a kitchen, a courtyard made of Khaprail and a pacca Kothri in the said village. On the fateful night of occurrence the accused appellant, his daughter Suman (deceased) and son Sunil were sleeping on the ground in one room. In another room his son Rakesh (deceased). Suresh, Naresh and daughter Sandhya were sleeping. There was a door in between these two rooms. A lantern was burning therein. His wife Smt. Leela was also sleeping. At about 2-3 o'clock in the morning on 12-1-94, accused appellant and his wife were talking together in connection with some documents about which they started quarrelling. With the result that some of his children who were sleeping in the two rooms also got up. The accused appellant took out a sword from inside his house and assaulted his wife Smt. Leela by means of the same and killed her then killed his daughter Suman and son Rakesh. He also attempted to kill his other children who covered themselves with Razai and escaped. On the next day in the morning Dinesh (P.W. 2) who was the son of the accused appellant narrated this incident to his uncle Kanchedi (P. W. 5) who got a report Exh. Ka 1 about this incident written and lodged the same at the police station Narhat on 12-1-94 at about 10.30 a.m. The police station Narhat lays at a distance of about 13 Kilometre from the place of occurrence.

(3.) S. I. Suresh Kumar Verma (P. W. 11) who was then posted at police station Narhat took up the investigation of the case in his hand. He immediately recorded the statement of Kanchhedi right at the police station and rushed to the scene of occurrence where he inspected the dead body of the deceased Smt. Leela, Km. Suman and Rakesh. After preparing necessary inquest reports and other papers S. I. Suresh Kumar Verma despatched the dead bodies through constables Ganga Charan (P.W. 7) and Tirath Raj for post-mortem examination to the district Headquarters Lalitpur. He, thereafter, inspected the scene of occurrence and prepared site plan Exh. Ka 3. He recovered blood stained and simple earth from the scene of occurrence and prepared recovery memos Ka. 24, Ka 25 and Ka-26 about the same. He also inspected the lantern which was said to have been burning at the time of occurrence and after preparing Supurdginama of the same, he gave it in the Superdgi of Kanchhedi (P. W. 5). He thereafter recorded the statement of Dinesh (P. W. 2) and other witnesses viz. Kishnu, Kallu, Balkishan, Dhoban, Banwarilal, Ibrahim, Prem Narayan and Gore Lal. He made search for the accused appellant but he was not available. On 15-1-94, he arrested the accused appellant at about 3.30 p.m. near the crossing of Vani College, Lalitpur and on his pointing out he recovered the blood stained clothes which the accused appellant was wearing at the time of occurrence and which consisted of Banyan Towel, Pant and Bush-Shirt. He prepared recovery memo Exh. Ka 8 about the same and obtained the signatures of the accused appellant thereon. He also recovered stained sword with which the accused appellant had killed his wife, daughter and son from a well near the temple of Hanumanji on the pointing out of the accused appellant in the presence of Prasadi (P.W. 10). Sri Prasadi (P. W. 10) had in