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2018 Supreme(All) 1534
IN THE HIGH COURT OF ALLAHABAD
SUDHIR AGARWAL, OM PRAKASH-VII, JJ.
Sovaran Singh - Appellant
Versus
State of U.P. - Respondents
Criminal Appeal No. 5 of 2017 in Criminal (Capital) Appeal No. 2611 of 2017
Decided On : 01-10-2018
For the Appellants : Sandeep Kumar Srivastava.
Headnote:(A) (Indian) Penal Code, 1860-Sections 86, 302-Murder-Intoxication-Knowledge and intention-Initially accused-appellant took his daughter outside house and after few minutes brought her back in his lap in an injured and unconscious condition and threw her on brick floor of cow-shed-Deceased was groaning with pain then accused appellant lifted her by catching her feet and again smashed her on floor-When she did not die by smashing also, accused-appellant throttled herby putting his foot on her neck-Blood was oozing from her head, eyes, nose, ear and mouth-Accused-appellant then lifted dead body and put her on cot lying in court-yard-Thereafter accused-appellant went to roof and called mother of deceased on pretext that her daughter is suffering from fever and medicine is to be given to her-When deceased's mother reached near gate, accused-appellant hit her with stone and then beat her brutally by bamboo stick and also caused injuries on her private parts resulting in her death-Held accused appellant cannot be given benefit of Section 86.
(B) (Indian) Penal Code, 1860-Section 302-Murder-Witnesses-Child witness-Witness aged about 9 years at time of incident-She is not a tutored witness as all facts stated before Court on oath had already been stated by her to informant at initial stage and to Investigating Officer-Some variations in her statement are natural and probable-On ground that some facts are exaggerated or there is omission and improvement in her statement which are bound to occur due to lapse of time or errors of memories, her statement cannot be disbelieved as she is natural witness.
(C) (Indian) Penal Code, 1860-Section 302-Murder-Sentence-Death sentence-Aggravating and mitigating circumstances-Murder of wife and daughter-Appellant started beating his daughter and then took her towards field-When he brought her back she was unconscious and in lap of accused appellant-Thereafter appellant smashed her to brick floor-She was crying with pain but appellant did not feel pity and put his feet on her neck till she died-She was bleeding from head, eyes, ear and nose-Appellant lifted dead body of deceased daughter and placed on cot in courtyard-Then he went on roof and called his wife on pretext that daughter has suffered from fever and needs medicine-Thereupon wife came and as she reached gate of house, appellant took stone lying on gate of house and hit on breast of his wife who fell down-Appellant started beating her with bamboo stick and stone-Wife of appellant in order to save her life, tried to run and hide in Nala but appellant dragged her by leg and caused her to death by hitting with stone and bamboo stick-Manner in which offence was committed and magnitude of crime is in category of socially abhorrent nature of crime warranting exemplary punishment-Appellant not shown any remorse or repentance at any point of time-It is a case which can be said to be in category of rarest of rare case justifying award of death punishment to accused-appellant-Death sentence affirmed.
Appeal Partly Allowed.
SUDHIR AGARWAL, J.
1. Present reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen assailing judgment and order dated 01.03.2017 passed by Sri Gurpreet Singh Bawa, Additional Sessions Judge, Court No. 1, Mainpuri in Session Trial No. 377 of 2014, whereby accused-appellant has been convicted under Sections 302 and 201 IPC. Considering the case to be rarest of rare, accused-appellant was awarded death sentence with a fine of Rs. 20,000/- and in default of payment of fine, he has to undergo Rigorous Imprisonment (hereinafter referred to "R.I.") for two months. Further under Section 201 IPC, he was sentenced to undergo R.I. for seven years with a fine of Rs. 5000/- in case of default in payment of fine, he has to further undergo R.I. for two months. Out of fine realized, Rs. 20,000/- was to be paid to the family of deceased.
2. As per prosecution case, incident in the instant case relates to double murder committed by accused-appellant Sovaran Singh Prajapati, of his own wife and minor daughter. Prosecution case as per First Information Report (hereinafter referred to as 'FIR) Ex. Ka-6 lodged on 30.06.2014 at 10:00 AM, at P.S. Karhal, District Mainpuri, by P.W. 1 informant, Rajnesh Kumar resident of village Nagla Pajawa, P.S. Kotwali Nagar, District Mainpuri is that marriage of his maternal sister Mamta, was solemnized about 15 years ago with accused-appellant Sovaran Singh Prajapati, resident of village Rooppur, P.S. Karhal. On the fateful day, i.e. 30.6.2014, Informant got information on phone that accused-appellant Sovaran Singh Prajapati (husband) had murdered her wife (Mamta) by assaulting her with stone and bamboo stick and also killed his daughter, Km. Sapna, aged about 12 years by throwing and smashing her on ground and pressing her neck by feet. Cause of murder mentioned in FIR was denial of money by Mamta to appellant for purchase of more liquor which enraged and annoyed appellant to the extent that he became so furious and violent, using filthy languages, assaulted his wife and daughter brutally to death. When Informant reached the spot, his niece Poonam and nephew Ankush narrated entire incident to informant. FIR further says that their dead bodies were lying on the roof of house.
3. On the basis of written report Ex.Ka-1, Chik FIR No. 128 of 2014 (Case Crime No.168 of 2014) Ex.Ka-6, was registered under Section 302 IPC by P.W. 4 Constable Ramveer Singh. He also made entry in General Diary, certified copy whereof is Ex.Ka-7 on record. Thereafter P.W. 5 Inspector Balbir Singh visited place of occurrence; recorded statements of witnesses, Rajnesh Kumar, Poonam and Ankush; prepared recovery memos Ex.Ka-9 in respect of blood stained and plain earth and Ex.Ka-12 with respect to lathi; Ex.Ka-10 site plan of the place of incident and Ex.Ka-11 site plan of the place wherefrom recovery of blood stained bamboo was made. After sealing dead bodies, he sent them to mortuary of District Hospital Mainpuri after preparing Inquest report as well as other relevant police papers along with sample seal, for post-mortem.
4. P.W. 3 Dr. Rajesh Kumar Mishra conducted post-mortem on dead body of Mamta on 30.6.2014 at 4.25 PM. On external examination, Doctor found her slim and weak with 146 cm height and 39.700 Kg in weight. Rigor mortis found present in lower segment of body; eyes were half closed, mouth open, nail in-tact and bleeding from nose and ear was noticed. P.W. 3 found following ante mortem injuries on her person:
"1. Abrasion 3 cm x 2 cm on right side forehead, 1 cm above eye brow, blackening present.
2. Abrasion 3 cm x 4 cm just below right eye, blackening present.
3. Abrasion 5 cm x 4 cm on left side of left eye, blackening present.
4. Blood through nose and both ears.
5. Abrasion 6 cm x 3 cm on right side of neck, 1 cm below right mandible.
6. Abrasion 3 cm x 2 cm over anterior aspect of right shoulder, blackening present.
7. Abrasion 5 cm x 3 cm on right side of chest, 5 cm below left nipp
