The court ruled that while death penalty can be imposed, it should be reserved for exceptional circumstances; in this case, the intent was not premeditated, thereby commuting the death sentence to life imprisonment.

JUDGMENT :

RITU BAHRI, C.J.

1. A reference has been sent by the IV Additional Sessions Judge, Haridwar, in S.T. No. 14 of 2017, State Vs Sartaj, passed vide judgment and order dated 29.11.2018, whereby the respondent Sartaj has been convicted for the offences punishable under Section 302 , 307 of IPC. He has been further convicted for the offence under Section 4 /25 of ARMS ACT , in S.T. No. 15 of 2017. The convict/respondent was sentenced to death along with a fine of Rs.40,000/- in respect of offence punishable under Section 302 IPC, and he was further sentenced to undergo imprisonment for life along with a fine of Rs.30,000/- in respect of offence punishable under Section 307 IPC. Convict / respondent has also been sentenced to undergo six months rigorous imprisonment in respect of offence punishable under Section 4 /25 of ARMS ACT along with a fine of Rs.1,000/. All the sentences were directed to run concurrently, except the death penalty. Against said judgment and order, criminal appeals have also been filed by the convict.

2. Prosecution story, in brief, is that on 24.09.2016, at around 02:35 A.M., a complaint was submitted by the complainant Arif to the S.H.O., P.S. Ranipur, District Haridwar, stating therein that on 24.09.2016, at about 01:00 A.M. in the night, when he was sleeping with his family at his house, Raddu, who lives in the back street, came to his house with Shahzad’s children Ruhi, Rihaan, Khushi and Ayaan and told the complainant that accused Sartaj has murdered his sister-in-law Rukhsana by stabbing her and slitting her throat, and accused Sartaj was stabbing Shahzad outside Shamsher’s house. Accused had also attacked Khushi with knife in order to kill her, but Raddu saved Khushi. Raddu had come to leave the children in the house of complainant Arif. On this, the complainant immediately left the children with his mother and rushed with Raddu, when the complainant reached outside Shahzad’s house, he found many people gathered outside the house. Shahzad’s body was lying outside the house in front of Shamsher’s gate and the villagers had locked accused Sartaj inside the house, then the police also came. The police opened the door and arrested accused Sartaj with a knife. When the complainant and Raddu went inside the house, they saw that Rukhsana’s body was lying on the left side.

3. After the complaint was made Case Crime No. 248 / 2016, under Section 302 , 307 IPC, and Case Crime No. 246 / 2016, under Section 4 /25 ARMS ACT , were registered at P.S. Ranipur. The Investigating Officer investigated the crime, recorded the statements of the witnesses, inspected the site, prepared a map, and after completion of investigation, filed charge sheet against the accused under Sections 302 , 307 IPC, and one under Section 4 /25 ARMS ACT .

4. Thereafter, on 16.12.2016, learned Additional Chief Judicial Magistrate, Haridwar took cognizance of the matter, and committed the case for trial in the court of Sessions. On 16.01.2017, learned Sessions Judge, Haridwar framed charges under Section 302 , 307 IPC, and one under Section 4 /25 of ARMS ACT against the accused Sartaj. The accused pleaded not guilty and claimed to be tried.

5. To prove its case, prosecution got examined PW-1 Raddu, PW-2 Khushi, PW-3 Ruhi, PW-4 Arif, PW-5 S.I. Shyam Singh, PW-6 Dr. S.K. Dwivedi, PW-7 Constable Rajesh Chauhan, PW-8 Dr. Manoj Kumar Dwivedi, PW-9 Aslam