STATE OF BIHAR Vs. AMARNATH GUPTA

JUDGEMENT

(1.) THE sole appellant, amar Nath Gupta, was tried by Sri Jyoti kumar Srivastava, the learned Presiding judge, Fast Track Court No. 1, Sitamarhi, in Sessions Trial No. 356/12 of 2001 /2003, arising out of Sitmarhi P. S. Case No. 109 of 2001 and having been found guilty by judgment dated 30 June, 2004 for commission of offence under Section 302 IPC in committing the barbaric and gruesome murder of Rekha Gupta and Upma Gupta has been sentenced to capital punishment of the gallows by order dated 5 July, 2004. Aggrieved thereby he has preferred the instant appeal no. 542 of 2004 which has been made analogous with the Death Reference for confirmation of the sentence of death.

(2.) DUE regard being had to the fact that the Death Reference and the Criminal appeal arises out of the same judgment of conviction and order of sentence they have been taken up together and having been heard together are being disposed of by this common judgment.

(3.) THE factual matrix needs recounting and a resume thereof would subserve the purpose. The entire proceeding was set in motion when S. I. Rabindra Nath Dubey (P. W. 18), the then Officer Incharge, Sitamarhi, p. S. reorded his self statement at 14. 45 hours on 28-5-2001 at the house of accused amar Nath Gupta located on Old Exchange road in the town of Sitamarhi, wherein, it was stated inter alia, that earlier that day at about 14. 10 hours he received a frantic telephone call from one Mohit Kumar alias guddu (P. W. 3) that his house located on old Exchange Road was closed from inside and although cries of alarm by his mother and sister were coming from inside the house, they were not opening the door not with standing repeated calls from outside for them to open the door and this gave the impression that some untoward mishap had taken place indoors. Having made Sanha entry No. 725 the S. I. along with a police party proceeded to the house in question for investigation and there he was met by guddu who introduced himself as the one who had made the telephone call. The S. I. found that the outer gate of the house was closed from inside and the grill gate at the back of the house was locked from outside. Guddu pointed out that his mother, kanchan Gupta (P. W. 2), sister Khushboo gupta (P. W. 1), aunt Rekha Gupta, first cousin (chacheri bahen) Upma Gupta, his father Amar Nath Gupta and paternal grandmother ram Pyari Devi were inside the house. The S. I. claims to have called out to the people indoors to open the door but he, in response, could hear only female voices coming from within stating that the door was closed from outside.