The requirement for a separate hearing on sentencing was not fulfilled, leading to the modification of the death penalty to life imprisonment for 20 years due to statutory violations.

JUDGMENT :

VIVEK AGARWAL, J.

1. This Criminal Reference and Criminal Appeal are filed being aggrieved of judgment dated 04/05/2023 passed by learned Seventh Additional Sessions Judge, Bhopal (MP), in Sessions Trial No.707/2022, whereby learned Sessions Judge has held appellant guilty of charges under Sections 302 , 201, 489(A), 489(B), 489(C) and 489(D) of IPC and has sentenced him as under :-

2. It is submitted by learned counsel for the appellant that present is a case where death penalty has been inappropriately and arbitrarily awarded only on the ground that appellant has a past conviction vide judgment dated 29/07/2019 passed by learned Sixth Additional Sessions Judge, Guna in Sessions Trial No.13/2019 under Section 364(A) of IPC and sentence d him to life imprisonment with fine of Rs.50,000/- as contained in Ex.P/52 and also on the ground that in another case, learned XI Additional Sessions Judge, Bhopal vide judgment dated 09/01/2019 in Sessions Trial No.226/2018 under Section 419 of IPC and sentenced him to undergo RI for one year with fine of Rs.500/-, Section 420 of IPC and sentenced to undergo RI for three years with fine of Rs.500/-, Section 467 of IPC and sentenced to undergo RI for 7 years with fine of Rs.500/-, Section 468 of IPC and sentenced to undergo RI for 5 years with fine of Rs.500/- and Section 471 of IPC for which he is sentenced to undergo RI for 7 years and fine of Rs.500/- with default stipulations, respectively.

3. It is submitted that these two circumstances have been taken as aggravating circumstances to order sentence of death penalty.

4. Shri Kapil Pathak along with Shri Anurag Gohil, learned counsel submits that prosecution case in short is that complainant Jagdish Ahirwar has lodged Dehati Nalishi on 14/07/2022 at Police Station Khajuri Sadak, Bhopal that he is working as a Cook at 03 EME Centre Bhopal. He had met Ravi Mewada sitting in the garden of the colony at about 5:00 PM. Jagdish Ahirwar inquired about Rajat Saini who was residing as a tenant in the house of elder co-brother Sanjay Ahirwar and had not paid the rent, then Ravi Mewada said that he had already taken his mobile phone and motorcycle and he was not picking up the call, therefore, they had gone to the house of Rajat Saini. He further pointed out that when they reached the house of Rajat Saini, they found it to be locked from outside. They climbed on the rear wall and when peeped inside, then they found that a dead body was lying in the house. They had given intimation to the police. After sometime, police personnel arrived there, they had broken and opened the lock and when they reached inside, they found that a half burnt dead body of a person was lying. His face was covered with a half-burnt cloth. When they removed the cloth then they found that the dead body was that of a neighbour Aman Dangi who was identified by his brother Bhiyalal Dangi.

5. It is pointed out that there was injury on the body of Aman Dangi and blood was also present. They had gone on the first floor of the house along with the police and they found huge quantity of blood lying there on the first floor. They found that dead body of Aman was brought down from the first floor and with a view to suppress his identity, body was burnt. Marks of dragging and blood were available on the floor as well as staircase. It is mentioned that Jagdish Ahirwar raised a doubt