JUDGMENT :

Sameer Jain, J.

1. The present appeal has been preferred by the appellant, Ram Pratap @ Tillu, against the judgment and order dated 21.3.2020 and 21.5.2020 passed by 8th Additional Sessions Judge, Etawah by which the trial court convicted the appellant under Section 302 IPC and awarded death sentence to him with fine of Rs.5 Lacs and in default two years R.I.

2. As death sentence was awarded, a reference, i.e., Reference No.5 of 2020 was made to the High Court under Section 366 Cr.P.C. for confirmation of death penalty.

INTRODUCTORY FACTS

3. In the present case, six persons of a family, namely, Suresh Chandra, deceased no.1 (in short D-1), Vimla Devi, deceased no.2 (in short D-2), Avnish, deceased no.3(in short D-3), Rashmi, deceased no.4 (in short D-4), Surabhi, deceased no.5 (in short D-5) and Shweta, deceased no.6 (in short D-6), were brutally murdered. Suresh Chandra (D-1) and Vimla Devi (D2) were husband and wife whereas Avnish (D-3), Rashmi (D4), Surabhi (D-5) and Shweta (D-6) were their son and daughters.

4. The FIR of the present case was lodged by Hom Singh (PW1) on 28.5.2012 at about 7.45 AM. As per FIR, Vimla Devi (D2), sister of informant (PW-1), was married to Suresh Chandra Yadav (D-1). The appellant, Ram Pratap @ Tillu is the brother of Suresh Chandra Yadav (D-1). Both the brothers resided separately and their properties stood divided. The appellant was a criminal minded person. He had disposed of his entire property and was pressurising his brother Suresh Chandra Yadav (D-1) and Vimla Devi (D-2) for additional property and money.

5. According to the FIR, the above circumstances were conveyed by Suresh Chandra Yadav (D-1) to the informant (PW-1) and his brother Suresh (PW-2). Consequently, both PW-1 and PW-2 went to village Pilkhar to pacify the appellant but the appellant continued to pressurise Suresh Chandra Yadav (D-1) for money. On 15.6.2012 the marriage of Avnish (D-3), nephew of the informant (PW-1), was to take place. Due to all these reasons, appellant used to be annoyed with D-1 and kept an evil eye on the property of D-1. It is alleged that with that motive, in the night of 27/28.5.2012, appellant with the help of his associates committed the murder of Suresh Chandra Yadav (D-1), Vimla Devi (D-2), Avnish (D-3), Rashmi (D-4), Surabhi (D-5) and Shweta (D-6) thereby eliminating the entire family of Suresh Chandra Yadav (D-1).

6. The FIR of the present case was registered at Police Station Ikdil, District Etawah as Case Crime No.261 of 2012, under Section 302 IPC. After registration of the case, on 28.5.2012 the Investigating Officer recovered bloodstained and plain soil from the spot. He also recovered bloodstained pieces of clothes and gold earring from the spot and prepared a recovery memo (Ext.Ka-8) in respect thereof. On the same day, Investigating Officer recovered from the spot a piece of bread (Roti), 'Laddoo', 'Kachauri', three empty quarter bottle of wine, bowl containing Dal and potato vegetables in respect of which a recovery memo (Ext.Ka-9) was prepared. Thereafter, from the house of appellant, one bloodstained lock and one piece of bloodstained towel was recovered in respect whereof, a recovery memo Ext.Ka-10 was prepared. Next day, on 29.5.2012, from the spot, bloodstained piece of bed sheets, bloodstained pieces of cots and bloodstained and plain pieces of bricks were also recovered in respect whereof, a recovery memo (Ext.Ka-48) was prepared. During investigation inquest reports were prepared and autopsy of the bodies were conducted. Autopsy reports Ext.42 to Ext.47 revealed as follows:-

Ante mortem injuries found on the body of Smt. Vimla Devi (Ext.Ka-42):-

1. Incised wound 14 cm x 08cm x through and through right side and back of neck, neck only attached anteriorly by skin and sub-cutaneous tissues with part of muscles, underlying C3 and C4 vertebra, spinal cord and major blood vessels on both sides of neck are cut.

Cause of death is shock and haemorrhage as a result of A/M injury menti