PHOOL CHAND Vs. STATE OF U P

JUDGEMENT

(1.) THIS capital appeal has been preferred by Phool Chand accused-appellant from jail against the judgment and order dated 31st March, 1997 passed by Sri Y. R. Tripathi, Sessions Judge, Mau in S. T. No. 55 of 1991, State v. Phool Chand, Police Station Kotwali, District Mau, whereby he convicted Phool Chand, accused-appellant under Section 302, I.P.C. and under Section 201, I.P.C. and sentenced him to capital sentence for the offence of murder. He did not, however, awarded a separate sentence for the offence under Section 201, I.P.C.

(2.) WHILE sentencing the accused-appellant to the capital sentence, the learned Sessions Judge made a reference to this Court for confirmation of the sentence of death, which has been registered as Reference No. 19 of 1997 and has been connected with this capital appeal for hearing.

(3.) THE investigation of the case was entrusted to S.I. Kamta Prasad Shukla (P.W. 10). He visited the spot and found a blood-stained Gandasa, Lungi, torch and blood there. He took blood-stained and simple earth from the spot and also took blood-stained Gandasa, Lungi, Torch etc. from there and prepared memos of the same. THE Panchayatnama proceedings were also taken and then the dead bodies of both the deceased were sent for post-mortem. During the investigation, the I.O. interrogated Rajendra Prasad P.W. 4 on 6.6.91 to whom the accused-appellant had made his extra-judicial confession. THE accused-appellant Phool Chand was arrested on 7.6.1991 by the police. On his arrest, he offered to confess, he was produced before the C.J.M. along with a report for recording his confession. THE C.J.M. fixed 10.6.91 for the recording of his statement before Sri Sukh Ram, Munsif Magistrate. On 10.6.91, the accused-appellant was summoned from jail and produced before Sri Sukh Ram who recorded his confession.