STATE OF RAJASTHAN Vs. KAPIL @ ANNA

JUDGEMENT

(1.) This judgment will answer the reference received from the Court of Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Kota (Rajasthan) (hereinafter referred to as 'the trial court') under Section 366 of the Code of Criminal Procedure (for short 'Cr.P.C.') for confirmation of death sentence awarded by the trial court vide it's judgment and order dated 07.11.2017 to accused Kapil @ Anna; Imran @ Delhi Wala and Teepu @ Teepu Sultan @ Abid Ali consequent upon their conviction for offence under Section 302 read with Section 34 of Indian Penal Code (for short 'IPC'). Besides, accused-appellants Kapil @ Anna; Imran @ Delhi Wala and Teepu @ Teepu Sultan @ Abid Ali were also convicted for various offences and sentenced in the manner indicated below:

(2.) Abovenamed accused Kapil @ Anna; Imran @ Delhi Wala and Teepu @ Teepu Sultan @ Abid Ali have also filed Criminal Appeal Nos. 2257/2017 and 2256/2017 respectively challenging their conviction and sentences indicated above. State of Rajasthan has also filed Criminal Appeal No. 13/2018 against that part of the impugned judgment whereby the trial court while awarding death sentence has not imposed any fine and sentence in default thereof, upon the accused-appellants.

(3.) The facts essential for answering the reference and deciding above appeals are that a telephonic information was received from one Sunil Koli in the Police Station Udyog Nagar, Kota City at 3.25 P.M. on 06.12.2012 that a woman and a boy have been murdered in a house of Shiva Colony, Bajrang Nagar, Near Daknia Stand. Thereupon, S.H.O. of that Police Station reached the place of occurrence where he met Mukesh Kumar Koli, who submitted a written report to him that he was residing with his family near cremation ground at Vigyan Nagar. When he came to house of Guddi Bai around 3.15 P.M. on that day and knocked the door of her house, no response was received from inside. When he pushed the door, it was opened. On entering the house, he found that the room was open and all the household items were spread here and there. Guddi Bai was lying dead. Dead body of her son Rohit, whose hands and legs were tied with rope, was also lying on the nearby box. He immediately informed the neighbours. Sunil Koli telephonically informed the police about this. It was alleged that Guddi Bai once or twice told him that Kapil and Teepu were having enmity with her husband Shiva and had threatened to murder him. It is quite possible that they murdered Guddi Bai and Rohit. The incident appears to have taken place in the night of 05.12.2012.