VINAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) IMPUGNED here in the above appeals which emanate from Sessions Trial No. 914 of 2002, are the judgment and order dated 20.11.2008, whereby the appellants have been convicted for offences under Sections 302/34 and 120B, I.P.C. in Case Crime No. 831 of 1994 by the Additional Sessions Judge, Court No. 2, Ghaziabad and as a sequel, have been visited with the penalties of death.

(2.) THE incident relates back to the year 1994 in which deceased Neelam was done to death in a very diabolical, gruesome and dastardly manner. It would transpire from the facts on record that initially F.I.R. was lodged by the appellant Sadhu Singh, husband of the deceased, the substance of which was that after the death of his first wife, he had tied nuptial knots with Smt. Neelam, a native of Delhi (Lajpat Nagar) ; that there was complete cordiality between him and deceased for seven years and thereafter, she broke loose and became odious in and around the area as a woman of easy virtue and her conduct manifested that she was leading a dissolute life ; that people of shady characters began to frequent his house in his absence and on the day of occurrence, i.e., in the intervening night of 17/18.8.1994, while he was asleep in his bed and the deceased was lying asleep in the adjacent room, at about 5 a.m., three unknown miscreants intruded into the house and gagged his mouth with wrist roped behind his back. Somehow, he managed to break free and shouted for help by climbing up the stairs which attracted and brought people from neighbourhood. THE people who had collected on his shouting, forced their way into the room and found the neck of the deceased tied with electric wire and also noticed her to be lying supine with marks of injuries on the body of the deceased. Consequent upon the written report, the F.I.R. was registered at Case Crime No. 831 of 1994 mentioning unknown persons as culprits of the crime. THE Investigating Officer commenced investigation the same day and inspected the spot, prepared site plan Ex. Ka-4. He also recovered electric wire and prepared memo Ex. Ka-6. THE Investigating Officer also recovered iron rod which had been forced into the private part of the deceased and was found stuck therein. THE Investigating Officer got the same taken out with the aid of appellant-Sadhu Singh and prepared recovery memo Ex. Ka-7. THE Investigating Officer also prepared Ex. Ka-8 taking into possession bed sheet, pillow, etc. He also collected 18 finger prints from glass, table, double bed, pillow etc. which were placed in order in the room and prepared recovery memo Ex. Ka-13. Upon further investigation, it transpired that the murder had been committed by the appellant Sadhu Singh in league with other co-accused persons namely Vinay Kumar and Jaiveer Singh had committed the dastardly act and in order to inveigle and mislead the investigation into the theme set up by him, lodged the report concocting a theory of miscreants entering the house and committing the murder. On 19.8.1994, on pointing out of the appellant, table fan was recovered the wire of which was made use of in the commission of the offence. THE Investigating Officer prepared recovery memo Ex. Ka-9. THE same day, the Investigating Officer recovered blood smeared shirt of the appellant on his pointing out which it is alleged he was wearing at the time of death. Recovery of Ex. Ka-10 was prepared upon recovery of shirt. THE Investigating Officer also recovered blood stained knife and also shirt which co-accused Sunil was wearing at the time of commission of the crime on the pointing out of co-accused Sunil and prepared recovery memo Ex. Ka-10. Co-accused Jaivir it is alleged could not be apprehended. After his arrest, it is further alleged, he was taken in police remand and on his pointing out blood stained shirt which he was wearing at the time of death was recovered and recovery memo Ex. K-12 was prepared. To compare the finger prints collected from the spot, the finger prints of accused persons it is alleged were taken in the presence of Magistrate on 23.8.1994. THE expert report Ex. Ka-2 was received according to which the finger prints collected from the spot matched with the finger prints of the accused persons. THEreafter charge-sheet Ex. Ka-25 was prepared and submitted in the Court and the case came to be committed to the court of Sessions on 13.9.2002.

(3.) UPON scrutiny of evidence on record, and also from a glance through the judgment of the trial court, it would transpire that the witnesses examined in the case gave version detracting from the theory set up by the prosecution case and therefore, they were declared hostile.