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SUPREME COURT OF INDIA
SUDHANSU JYOTI MUKHOPADHAYA, DIPAK MISRA, JJ.
AMAR SINGH YADAV – APPELLANTS
VERSUS
STATE OF U.P. – RESPONDENTS
CRIMINAL APPEAL NOS.967-968 OF 2010
Decided On : 01-07-2014
(b) Indian Penal Code, 1860 – Section 302 – Death sentence – Rarest of rare cases – Prosecution proving guilt of accused beyond all reasonable doubt – Accused committing the crime in most cruel and inhuman manner – Helpless wife and young children falling victims to avaricious conduct and lust of the appellant – Still it does not fall within “the rarest of the rare case” – There are chances of reforming the accused and saving him from becoming a menace to society – Imprisonment for minimum of 30 years in jail without remissions awarded. (Para 20, 26, 27, 30)
(1980) 2 SCC 684; (1983) 3 SCC 470; (1998) 3 SCC 625; (1989) 3 SCC 5; (2012) 4 SCC 257; (2013) 5 SCC 546; (2011) 12 SCC 56; (2010) 9 SCC 567; (2011) 2 SCC 490; (2011) 4 SCC 80; (2011) 5 SCC 317; (2011) 7 SCC 125; (2012) 6 SCC 107; (2008) 13 SCC 767; (2010) 1 SCC 573 – Relied upon
Facts of the case:
Urmila Devi was married to accused Amar Singh Yadav, who was posted as Constable in Police Chowki Gurdev Palace, Kanpur. Three daughters, Mamta, aged 24 years; Pooja aged 22 years; and Sudha 18 years and one son, Pankaj Yadav, aged 13 years were born from their wedlock. Amar Singh had developed illicit relationship with two other women, namely, Shashi of Kanpur and Rani of Bharthana, causing differences in the family. Urmila got effected deduction of half salary of the accused from the Department directly to pull on the expenses of the family. On account of such deductions of salary and illicit relationship, the accused became determined to cause the death of his wife, Urmila and all four children. Pursuant to that determination, accused along with companion driving a Maruti Van came to his wife Urmila and he had taken away his wife and four children in Maruti Van on the pretention of doing shopping for the marriage of one of the daughters. On return the accused got Maruti Van stopped 25-30 metres ahead of Udharanpur bridge on Jahanganj road and he along with the driver came out of the Van. They sprinkled the petrol all around the Van after locking the doors thereof. The accused along with companion then set the Maruti Van ablaze, with intention of burning all occupants of the Maruti Van to death. Thereafter, the accused and the driver tried to push the vehicle down in the pit but meanwhile Inspector, Police Station Chhibramau along his companion Police Constables luckily arrived there and he broke open the doors of the burning vehicle and took out accused’s wife and all four children from the burning car. He immediately removed them to the Hospital for treatment. The complainant, brother of Urmila Devi, having received the information, rushed to hospital, where Urmila and four children briefed the entire incident to him. Out of injured persons Urmila Devi, Mamta and Pooja died.
Trial court held the appellant-accused guilty for the offences under Section 302, 307 and 436 IPC. The accused was convicted and sentenced to rigorous imprisonment for life on count of Section 307 IPC. He was further convicted and sentenced to rigorous imprisonment for seven years on count of Section 436 IPC. The accused was further convicted and sentenced to death and Rs.10,000/- fine on count of Section 302 IPC and it was directed that he shall be hanged by the neck till death. All sentences shall run concurrently. The High Court by the impugned judgment dated 16th February, 2010 upheld the conviction and death sentence of the accused. The Reference was answered accordingly.
Finding of the Court:
There is no infirmity in the conviction of the appellant.
Result;
Appeal disposed of.
JUDGMENT
SUDHANSU JYOTI MUKHOPADHAYA,J
These appeals are directed against the common judgment dated 16th February, 2010 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1942 of 2009 and Reference No.5 of 2009. By the impugned common judgment, the High Court dismissed the appeal and confirmed the conviction and sentence for the offence punishable under Section 302, 307 and 436 IPC and thereby answered the Reference in confirming the death sentence.
2. The case of the prosecution in short is that Urmila Devi was married to accused Amar Singh Yadav, who was posted as Constable in Police Chowki Gurdev Palace, Kanpur. Three daughters, Mamta, aged 24 years; Pooja aged 22 years; and Sudha 18 years and one son, Pankaj Yadav, aged 13 years were born from their wedlock. Amar Singh had developed illicit relationship with two other women, namely, Shashi of Kanpur and Rani of Bharthana, causing differences in the family. Urmila got effected deduction of half salary of the accused from the Department directly to pull on the expenses of the family. On account of such deductions of salary and illicit relationship, the accused became determined to cause the death of his wife, Urmila and all four children. Pursuant to that determination, accused along with companion driving the Maruti Van No.UP 78 C 8262 came to his wife Urmila and he had taken away his wife and four children in Maruti Van on the pretention of doing shopping for the marriage of one of the daughters. Further case of the prosecution is that when the sun had set, at the time of return the accused got Maruti Van stopped 25-30 metres ahead of Udharanpur bridge on Jahanganj road and he along with the driver came out of the Van. They sprinkled the petrol all around the Van after locking the doors thereof. The accused along with companion then set the Maruti Van ablaze, with intention of burning all occupants of the Maruti Van to death. Thereafter, the accused and the driver tried to push the vehicle down in the pit so that the occupants might not escape but meanwhile Inspector, Police Station Chhibramau along his companion Police Constables luckily arrived there and he without caring of his life broke open the doors of the burning vehicle and took out accused’s wife and all four children from the burning car. He immediately removed them to the Hospital for treatment. The complainant having received the information, rushed to Lohia Hospital, Farrukhabad where sister of the complainant i.e. Urmila and four children briefed the entire incident to him.
3. Dhruv Narain, Constable Police No.286 (PW-14), registered the First Information Report at 1.30 a.m. being Crime No.310/2005 under Section 436, 307 IPC. He received direction from Inspector Uma Shankar Yadav on R.T. Set to depute the additional force. On this, Sub-Inspector Pramod Kumar Katiyar along with other Constables proceeded to the spot. The next day at about 7.20 a.m., Sub-Inspector Pramod Kumar Katiyar returned to the Police Station; vide General Diary it is reported that he got admitted all the injured of the incident in Ram Manohar Lohia Hospital on the direction of Inspector, Uma Shankar Yadav.
4. After registration of the case, its investigation was entrusted to Pramod Kumar Katiyar, Sub-Inspector (PW-13), He proceeded to the spot and prepared site plan Ext.Ka-20. He then proceeded to Lohia Hospital, Farrukhabad and recorded the statement of Urmila Devi, Ext.Ka-18; Mamta, Ext.Ka-15; Pooja, Ext.Ka-17; Sudha, Ext.Ka-16 and Pankaj Singh, Ext.Ka-19. Out of injured persons Urmila Devi, Mamta and Pooja died. The case of the accused was forwarded for trial under Section 307/302/436 IPC.
5. In support of prosecution case, as many as 15 witnesses were examined by the prosecution, out of them Sudha(PW-5) and Pankaj Singh(PW-6) are injured witnesses. In the defence statement under Section 313 Cr.P.C. accused denied the allegation. Total 17 exhibits including dying declarations of Urmila Devi, Ext.Ka-18; Mamta, Ext.Ka-
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