MANOJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of the present appeal, the appellant has assailed the judgement and order dated 30.4.2007 passed by Addl. District & Sessions Judge, Court No. 5, Saharanpur in S.T. No. 274 of 2004 and S.T. No. 275 of 2004 whereby he has been convicted under section 302 I.P.C. and sentenced to death and a fine of Rs. 25, 000/- and in default of payment of fine six months further R.I. He has further been convicted under section 25 of Arms Act and sentenced to 1 year's R.I.

(2.) THE abridged version of the prosecution case is that on 28.1.2004 a telephonic information was received from Rishi Pal, a native of village Kachrai District Saharanpur, at the police station Nanauta District Saharanpur to the effect that he heard Manoj son of Roopram raising alarm that the miscreants had intruded into his house and had committed murder of his wife Smt. Kiran and son Rajan and that he had been injured and further that the miscreants were still present in the house of Manoj. On the basis of this telephonic information, case at case crime no. 11 of 2004 was registered under sections 302, 307 I.P.C. against unknown persons same day at 2 a.m. S.O. Nanauta namely Girish Chand Tyagi, galvanised into action and after taking over the investigation of the case and making entry in the G.D, he rushed to the scene of occurrence. At the time the police had reached the place, knots of people had collected at the door of the house of Manoj. Upon reaching the scene of occurrence, the police surveyed the house and inspected the site. At that time, it is mentioned, the dead body of deceased Kiran was lying supine on a cot while the body of Rajan son of Manoj was lying deep inside the room. The finger of accused Manoj was bleeding on account of fire arm injury. The Investigating officer sent Manoj for medical examination and thereafter, S.I. Shiv Lal prepared inquest report in the presence of police personnel and the village people on 28.1.2004 between 8 am to 11.30 a.m. He also collected blood stained and blood stained bed sheet and thereafter, recorded the statement of Rishi Pal who had given telephonic information. Thereafter, he recorded the statement of Jai Prakash. The dead bodies thereafter were despatched for post mortem examination. The investigating officer also searched the house and recovered a live cartridge of 315 bore lying on the iron box adjacent to the room where murders have taken place. He also recovered one empty cartridge of 315 bore and prepared its recovery memo, which is Ext. Ka-3. He deposited the recovered articles at the police station on 29.4.2004 at 4.20 a. m. and made entry in the G.D. The live cartridge is Ext. Ka-1 and the the cloth bearing the seal is Ext. Ka-2. The empty cartridge is Ext. Ka-3 and the cloth bearing its seal is Ext. Ka-4. In the course of investigation, Manoj was suspected to be behind the gruesome murder and when he was interrogated, it transpired that Manoj Kumar was involved in the commission of the offence and the story of miscreants having intruded his house and having committed the crime was fabricated to screen himself.

(3.) HE also found uterus gravid which contained one male foetus of length 50 cm. weight 2800 gm. head circumference 32 cm. Feet was well developed, nails at tip of finger. In his opinion, the cause of death of the deceased was shock and haemorrhage as a result of ante mortem injuries.