SATISH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal has been filed against judgement and order dated 17.10.2008 passed by Sri Mool Chand Shukla, Addi­tional Sessions Judge. Court No-2, Saharanpur in session trial No. 803 of 2006 un­der sections 302 and 307 IPC, P.S. Sarsawa whereby the appellant has been convicted and sentenced to hang till death under sec­tion 302 IPC and imprisonment for life un­der section 307 IPC and fine of Rs. 5000/- in default of payment of fine for a term of three months additional imprisonment. Under section 366 Cr.P.C. reference has also been submitted for confirmation of the death sentence.

(2.) ACCORDING to the first information report as lodged by Kunwarpal son of Phool Singh resident of village Pilkhani, P.S. Sarsawa, District Saharanpur on 27.6.2006 Satish Kumar son of Atar Singh was sleeping on the roof of informant's brother, Shyam lal house with his wife and five children. The informant was also sleeping on the adjoining roof of his house, at about 4.30 a.m. In the morning he heard the cry of children, he rushed to the roof where Satish and his children were sleep­ing and saw that Satish was armed with Kulhari in his hand and was assaulting on his wife and children, hearing the cry Beerbal and Telu Ram sons of Simran of the adjoining house and several other co-villagers came to the spot. With the help of all of them the informant apprehended Satish with his axe. Smt. Sanjo, the wife of Satish Kumar died on the spot and his chil­dren Amit, Sumit, Sunil, Deepak and Payal who were injured were taken to hospital by co-villagers. Satish was caught on the spot. Several co-villagers were there. The infor­mation is being given for necessary action.

(3.) AFTER going through the materials laid before the Court, after hearing Counsel for the State and defence. Charges under section 302 I.P.C. for the murder of Smt. Sanjo his wife and son Deepak as well as attempt to commit murder of his sons Amit, Sumit, Sunil and daughter Deepali under section 307 I.P.C. were framed against the accused Satish Kumar which was read over and explained to him in Hindi. He pleaded not guilty and claimed to be tried.