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2006(2) U.D., 161
High Court of Uttaranchal
Rajeev Gupta, C.J. and Prafulla C. Pant, J.
State of Uttaranchal - Appellant
Vs.
Vijay Kumar Bathla - Respondent
With Criminal Appeal No. 200 of 2005 Criminal Reference No. 01 of 2005
Decided on : 23-06-2006.
Criminal Appeal - Confirmation of Death Sentence - Code of Criminal Procedure, 1973 - Indian Penal Code, 1860 - Section 366 Cr.P.C., Section 302 I.P.C.
Fact of the Case:
The appellant was convicted under Section 302 of I.P.C. for brutally murdering his wife and daughter with an axe. The prosecution presented evidence including eyewitness accounts, post mortem reports, and forensic evidence to establish the guilt of the accused. The accused denied the charges and claimed enmity as the reason for false implication.
Finding of the Court:
The court found the accused guilty of the dual murder based on the prosecution's evidence, including eyewitness accounts, circumstantial evidence, and forensic reports. The court noted the brutality of the crime and the lack of defense or explanation from the accused. The court partially allowed the appeal, maintaining the conviction but sentencing the appellant to imprisonment for life instead of death.
Issues: The key issues revolved around the credibility of eyewitnesses, the presence of mitigating circumstances, and the appropriateness of the death penalty in the given circumstances.
Ratio Decidendi: The court emphasized the importance of considering mitigating circumstances, such as the accused's bad economic condition and the absence of pre-planning, in determining the appropriate sentence. The court also highlighted the need to weigh the evidence and not discard eyewitness accounts based solely on their relationship to the deceased.
Final Decision: The appellant's conviction under Section 302 I.P.C. was maintained, but the death sentence was set aside and replaced with imprisonment for life.
Prafulla C. Pant, J.
This reference has been made under Section 366 of Code of Criminal Procedure, 1973 (herein-after referred as Cr.P.C.) by the learned Sessions Judge, Udham Singh Nagar, for confirmation of death sentence, awarded against the convict Vijay Kumar Bathla under Section 302 of Indian Penal Code, 1860, (herein after referred as I.P.C.). The convict has also preferred an appeal under Section 374 (2) of Cr.P.C. against the judgment dated 05-10-2005 and order of sentence dated 06-10-2005, passed in Sessions Trial No. 271 of 2004 by learned Sessions Judge, Udham Singh Nagar, whereby he has been convicted under Section 302 of I.P.C. and sentenced to death. Both, the reference and the appeal are being disposed of by this common judgment.
2. We heard learned counsel for convict/appellant and learned Public Prosecutor, and perused the entire record.
3. Prosecution story in brief is that about seven years before 'the date of the incident, convict/appellant Vijay Kumar Bathla got married to Rekha alias Sapna (one of the deceased). He was extravagant and used to take alcohol. He used to demand money from his wife and her relatives. The couple had a daughter named Shakshi (another deceased). On 16-04-2004, P.W. 1 Shyam Chandra Arora (informant), brother of Rekha alias Sapna came to her house in village Surajpur No.2, Gadarpur, along with his brother-in-law (SAALA) P.W.2 Breet Kumar. On that evening also convict/appellant Vijay Kumar Bathla asked for money from P.W.1 Shyam Chandra Arora, who declined to give further money, stating that he has already given him time and again earlier, and it is. not possible for him to give any more. Rekha alias Sapna, wife of convict/appellant, also supported her brother. After taking meals, P.W.1 Shyam Chandra Arora slept in a room with P.W.2 Bteet Kumar in the house of his sister in village Surajpur NO.2. The convict/appellant along with his wife Rekha alias Sapna and his daughter Sakshi slept in their room, which was adjoining to the room in which informant and his brother-in-law were sleeping. Next day on 17-04-2004, at about 7:30 A.M., P.W.1 Shyani Chandra Arora, heard shrieks of his sister (Rekha alias Sapna) from the adjoining room. He along with his brother-in-law (SAALA) P.W. 2 Breet Kumar rushed to the room of his sister and found that convict appellant Vijay Kumar Bathla, armed with an axe was giving blows on the person of his wife Rekha alias'Sapna. By then, Sakshi, a girl child of four years was already lying in a pool of blood. On the shouts of both P.W.1 Shyam Chandra Arora and P.W.2 Breet Kumar, the convict/appellant Vijay Kumar Bathla fled from the room with his axe. Rekha alias Sapna also died on the spot of the injuries received by her. At about 10:30 A.M. on the same day i.e. 17-04-2004, P.W.1 Shyam Chandra Arora lodged First Information Report (Ext. A-i) with the Police Station Gadarpur, which was at a distance of 4 Kms. from the place of occurrence. On the basis of said report, P.WA Head Constable Gopal Singh Bisht, prepared Check Report (Ext. A-6) and made an entry in General Diary (extract of which is Ext. A-7). A crime No. 70/04 was registered under Section 302 of I.P.C. against accused Vijay Kumar Bathla. P.W. 10 Sub-Inspector Praveen Kumar Tyagi of police station Gadarpur, started investigation of the crime and recorded the statement of Shyam Chandra Arora and proceeded on the very day Le. 17-04-2004, for the place of incident. He took the dead bodies into his possession and prepared Inquest Reports (Ext. A-2 and Ext. A-3). He also got prepared police form No. 13 (Ext. A-15 and Ext. A-20), sketch of the dead bodies (Ext. A-13 and Ext. A-18), sample seal (Ext. A-17) and letters to Chief Medical Officer (Ext. A-16 and Ext. A-21), requesting for post mortem examination of the dead bodies. On the very day i.e. 17-04-2004, at about 3:00 P.M. Vijay Kumar Bathla, was arrested, and an axe (Ext. 1) was recovered at about 3:30 P.M., on his pointing out. A ' recovery m
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