SANDEEP Vs. STATE OF U P

JUDGEMENT

(1.) THE above appeal has its genesis in S. T. No. 356/05 and by means of the judgment and order dated 2.6.2007, passed by the Sessions Judge, Muzaffarnagar in the aforesaid Sessions trial, the appellants have been convicted and sentenced to death under Section 302 read with Section 34, I.P.C. and a fine of Rs. 30,000 and further convicted under Section 316/34, I.P.C. and sentenced to undergo 10 years R.I. with a fine of Rs. 10,000 and in default of payment of fine further imprisonment for one year.

(2.) THE author of the F.I.R. is S. O. Police Station, Ratanpuri namely, D. N. Verma lodged on 17.11.2004 at 11.15 p.m. THE deceased is one Km. Jyoti. It is alleged in the report that the aforesaid Station Officer, who is also the author of the F.I.R., alongwith S.I. Chandra Pal Singh, Constable Ram Veer Singh, Constable Sukhram, Constable Ashok Kumar and Driver Yashveer Singh were on patrol duty and at the relevant time, the police force headed by S.O., D. N. Verma, informant of this case, was on Khatauli Road. Constable Rajesh Kumar and Ram Autar who were deployed for picket duty, notified the Station Officer that they had seen one Indica Car on way to Fulat village in which they heard shrieks of a lady and all of a sudden, the shrieks also stopped. Hearing this, the Station Officer asked the constable to accompany him in the Jeep and the Jeep proceeded towards the road leading to Fulat village. After covering some distance, the police party saw in the headlight of the Jeep two persons pulling out a lady. THE police force upon approaching nearer to the car caught hold of the aforesaid two persons and at the relevant time the lady though in precarious state, was alive and it was noticed that her head was singed with acid burn and there were marks of injuries on her head, neck and also on her right shoulder. On being queried, she gave her name as Jyoti daughter of Baljeet resident of House No. 56, Gali No. 16, Jagatpuri, P.S. Preeti Vihar, New Delhi. She also disclosed the name of her mother as Smt. Varsha and also gave her mobile number as 9871020368. She also disclosed that one of the accused persons was Sandeep and she was employed at the mobile call centre situated at Mayur Vihar, Phase I. She also told that during courtship, aforesaid Sandeep had access to her and she became enceinte. She also told that the aforesaid Sandeep had called her on telephone to meet him at Laxmi Nagar crossing near light and gave her to understand that he would marry her at Haridwar. It is further alleged that on being interrogated, the accused also told his name as Sandeep and resident of T-8 Sector 15, P. S. Sector 20, N.O.I.D.A. THE co-accused also gave his name as Shashi Bhusan son of Shyam Singh resident of Kondali House No. D 147, P.S. New Ashok Vihar, New Delhi. THE accused persons further told they purchased acid bottles and blade from Modinagar. It is further alleged that the deceased also told the police that Sandeep wanted her to agree to abort the child but when she declined, accused Sandeep started beating and assaulted her. She also told that when she threatened Sandeep to reveal the entire matter to his family members and also to the police, the accused persons took the car to a lonely place and were preparing to throw her in the sugar-cane field. She also disclosed to the police that she was assaulted by tools of the car namely Jack and Pana and acid was also thrown on her and they also assaulted with blade on her neck. It is further alleged that finding her conditions deteriorating, she was rushed to Muzaffarnagar Government Hospital but upon reaching the hospital, she breathed her last.

(3.) AFTER completion of the investigation, charge-sheet was submitted against the accused persons and the case was committed to the Court of Session. The Sessions Judge framed charges against the appellants under Sections 302/34 and 316/34, I.P.C.