Criminal Appeal Nos.745-748 of 2015 have been preferred by the State of Uttar Pradesh against the above referred common judgment of the High Court to enhance the punishment to all the four respondents and award them death sentence. Prosecution story in brief is that Braj Pal Singh (one of the accused) made a complaint to the police station at Muradnagar, District Ghaziabad at about 4.30 AM on 25.08.2007 that early in the morning at around 3.00 AM he heard the shouting and shrieking of Ms Rashmi, daughter of his brother Vijay Pal Singh whereupon along with other villagers he reached the house of his brother in the neighbourhood only to find that his brother Vijay Pal Singh, his wife Smt Rajesh were lying on the ground floor on their cots with their necks cut by sharp edged weapons, and further, when he went on the upper floor, he saw Nishant, son of Vijay Pal Singh and also Mangal Singh, son in law of Vijay Pal Singh also lying dead on their cots with their necks also cut.
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According to Smt Pinky, there was enmity of her father with his brother Braj Pal and son of other brother Indra Pal; further, there was enmity with their neighbour Mukesh over consuming alcohol. They came inside and saw the entire place of occurrence and asked Smt Pinky if she had recognised the assailants. Smt Pinky (PW-1) suffered the following injuries as per the injury report prepared by Dr Rajeev Sharma(PW- 2) of the Sarvodaya Hospital, Ghaziabad who had examined her at 5.25 AM on the same day: “INJURIES (i) Amputated little & ring finger at level of proximal crease (R) (ii) Cut lacerated wound on palmar aspect of (R) hand 8 cm. red in colour and bleeding.”
X-ray of the neck and jaws was also conducted on the same day and a report to that effect was submitted by Dr.Rajeshwar Yadav, Radiologist (PW-3). Rajesh Antemortem Injuries (Exhibit Ka-3) (1) Incised wound over neck lower part anteriorly and on Rt.side 8 cm. Post mortem wound Post mortem wounds (1) clean cut 7 cm x 3 cm.
Mangal Antemortem Injuries (Exhibit Ka-5) (1) Incised wound 25 cm.
Side, wound is reactive upto Vertebrae, Mandible, soft tissues of neck muscles, Larix, hyoid and blood vessels are cut in the wound.
Side neck reaching up to midline size 10cm x 8 cm., muscles, Larynx, (thyroid cartilage and hyoid) vessels are cut in the wound.” After having recorded the statements of the two daughters of Vijay Pal Singh, namely Smt Pinky and Ms Rashmi, the Investigating Officer Sub-Inspector Ram Babu Saxena (PW-9) also noted that mobile number of the deceased Nishant bearing No.9336780542 was also not traceable.
Ajai alias Ajju was arrested on 4.11.2007 and upon recording his confessional statement, and on his pointing out, a knife was recovered from his village hidden near a canal, the said knife was taken into custody and a recovery memo was prepared. Smt Berwati, wife of Mool Chand, mother of the accused Ajai alias Ajju was examined as DW-2.
Appeals were preferred before the High Court by the accused which were heard along with death reference forwarded by the Trial Court. On behalf of the appellants, the arguments advanced are briefly recorded as follows: (i) This is a case of solitary eye-witness, namely, Smt Pinky (PW-1), her testimony was that of a witness related to the deceased and also a witness having enmity with the appellants and, therefore, would not be a reliable witness and ought not to have been relied upon; (ii) There is no other evidence to corroborate the testimony of the solitary eye-witness, PW-1; (iii) Smt Pinky (PW-1), at the first instance, does not disclose the names of the assailants to the villagers and other family members who collected on her shouting and shrieking nor did she disclose the names of the assailants at the time she was admitted to the hospital, therefore, it is a case of improvement; (iv) There is evidence to show that a dog squad was summoned in the morning, as such it was a case of unknown assailants and that the eye-witness Smt Pinky had actually not seen any one and even if she had seen any one, she did not recognise them. (vii) Learned counsel on behalf of the appellant Ravi raised an additional argument that Smt Pinky (PW-1) did not take his name before the Investigating Officer while giving her statement under section 161 CrPC. Accordingly, the sentence of life imprisonment awarded by the High Court be set aside and that of the Trial Court of death sentence be restored. There is no reason why PW-1 would make false implication and allow the real assailants to go scot-free.
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The pressing of the dog squad into service was also fully justified as till that time when the dog squad was pressed into service in the morning the names of the assailants had not been disclosed. Insofar as the attempt of the learned counsel for Ravi is concerned, regarding his name not being taken in the statement of Smt Pinky under section 161 CrPC, we are of the view that the same is factually incorrect. Insofar as the appeals filed by the State are concerned for enhancement of sentence, we find that the High Court has given sound and cogent reasons for commuting death sentence into life sentence.
Case Title: AJAI ALIAS AJJU Vs. THE STATE OF UTTAR PRADESH (2023 INSC 127)
Case Number: Crl.A. No.-000598-000600 / 2013
