Thereafter, the accused and the driver tried to push the vehicle down in the pit so that the occupants might number escape but meanwhile Inspector, Police Station Chhibramau along his companypanion Police Constables luckily arrived there and he without caring of his life broke open the doors of the burning vehicle and took out accuseds wife and all four children from the burning car.
He is posted at Kalyanpur in Kanpur.
When we started burning at that time father and the driver kept on looking at us from outside and when sister tried to go out of the car, then father once again pushed me inside the car.
UP 78 C 8262 came to his wife Urmila and he had taken away his wife and four children in Maruti Van on the pretention of doing shopping for the marriage of one of the daughters.
At the time of return near the river Kali, the car was stopped then petrol was poured on them and set on fire.
Further case of the prosecution is that when the sun had set, at the time of return the accused got Maruti Van stopped 25 30 metres ahead of Udharanpur bridge on Jahanganj road and he along with the driver came out of the Van.
Three daughters, Mamta, aged 24 years Pooja aged 22 years and Sudha 18 years and one son, Pankaj Yadav, aged 13 years were born from their wedlock.
Urmila then had briefed the matter to him about the accused maintaining illicit relationship with two women and she also told that in what manner the accused had pretended to take them away to the market and blew up the Maruti Van.
SUDHANSU JYOTI MUKHOPADHAYA,J These appeals are directed against the companymon judgment dated 16th February, 2010 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1942 of 2009 and Reference No.5 of 2009.
The Van was again made to drive and ultimately her father and driver had companye out of the Van after locking the windows.
Do number know the name of the driver who was with the father.
He then proceeded to Lohia Hospital, Farrukhabad and recorded the statement of Urmila Devi, Ext.
This witness further informed that all the injured were removed to Primary Health Centre, Chhibramau for treatment by him.
He is number the eye witness of the incident in question.
I was set on fire by my father and the driver.
Total 17 exhibits including dying declarations of Urmila Devi, Ext.
Ka 18 Mamta, Ext.
Ka 18, is reproduced in English version as under My husband Amar Singh is in Police department and is posted at Police Station Kalyanpur in Kanpur.
Ka 15, is as under I, Mamta daughter of Amar Singh, resident of Vida, village Mohammadabad, Farrukkhabad, age about 20 years, am in full senses and state of mind, my father Amar Singh along with the driver was taking me, mother Urmila, Shobha and Pankaj to Chhibramau as articles relating to my marriage were to be purchased from there.
If at all there was any motive to kill his wife but there was numberreason to ruin the life of two daughters specially the elder daughter who was going to be married and for that purpose articles were purchased.
By the impugned companymon judgment, the High Court dismissed the appeal and companyfirmed the companyviction and sentence for the offence punishable under Section 302, 307 and 436 IPC and thereby answered the Reference in companyfirming the death sentence.
Amar Singh had developed illicit relationship with two other women, namely, Shashi of Kanpur and Rani of Bharthana, causing differences in the family.
Two persons standing there who immediately fled away from the scene.
Dying declaration cannot be relied because the Doctor who examined, who gave the certificate of fitness was number examined.
The accused Amar Singh Yadav and driver straightaway ran awayfrom the scene.
He deposed that on 29th April, 2005, he received the information from the Police Station at 9 p.m. that his sister and four children were put to fire while companyfined in the Maruti Van.
The case of the prosecution in short is that Urmila Devi was married to accused Amar Singh Yadav, who was posted as Constable in Police Chowki Gurdev Palace, Kanpur.
The accused along with companypanion then set the Maruti Van ablaze, with intention of burning all occupants of the Maruti Van to death.
He further stated his father was working in Police and posted at Kalyanpur in Kanpur.
The alleged incident does number fall within the category of rarest of the rare case, and, therefore, death penalty was uncalled for.
In the initial stage dying declarations of Sudha and Pankaj were also recorded by Nayab Tahseeldar PW 12 , but as both of them survived so their statements were only treated as exhibits.
He stated that his father and driver set all of them on fire.
The Reference was answered accordingly.
At about 7.30 p.m. on 29.04.05 while companying back from Chhibramau I, my mother Urmila, Shobha, Pankaj and Pooja were closed in Maruti Van near the river Kali, before closing the car father said that car had become hot up and on the pretext of sprinkling water, sprinkled the petrol inside the car and set on fire.
My mother had got made his salary half and since then he used to quarrel.
Hence, there is doubtful of identity of such person.
He received direction from Inspector Uma Shankar Yadav on R.T. Set to depute the additional force.
While companying back, the car was stopped near the river Kali, oil was poured on us and set on fire.
All of us have been set on fire by these people only.
He and accompanying Home Guard, tried to extinguish the fire by throwing sand on fire and as soon as the fire receded, he broke open the window panes and had taken all the five occupants out of the Maruti Van.
Ka 19, is reproduced as under Yesterday on 29.04.05 my father Amar Singh and the driver took me and my three sisters and mother in Maruti to Chhibramau for purchasing.
Ka 16 and Pankaj Singh, Ext.
The dying declaration of Urmila, which is Ext.
His sister recognised him and briefed the entire incident.
Mother had started getting half amount of the salary of father and due to this reason father was angry from all of us.
Pursuant to that determination, accused along with companypanion driving the Maruti Van No.
They sprinkled the petrol all around the Van after locking the doors thereof.
On account of such deductions of salary and illicit relationship, the accused became determined to cause the death of his wife, Urmila and all four children.
P.C. accused denied the allegation.
My father was desiring to kill me and as well as to all those who were closed inside by setting on fire.
The driver of the van was number arrested and examined number the two women who had an extra marital affair with the appellant were examined.
The door was closed from outside, my father set on fire, the driver was helping him.
That numberone has deposed that they saw the appellant spreading the petrol.
Out of injured persons Urmila Devi, Mamta and Pooja died.
Due to extra marital relationship with two other women the appellant has been implicated.
Ka 20.
They tried to companye out but their father and the driver just watched the fire.
Anil Kumar Katiyar PW 12 , Nayab Tehsildar, having received the instruction from the District Magistrate, recorded the dying declaration of injured Sudha, Pooja, Mamta, Urmila and Pankaj, out of whom, Urmila and Pooja died.
By stopping the Maruti, father Amar Singh and the driver put oil upon us and set us on fire and when we tried to companye out of the car, then again we were pushed into the car.
Mamta, whose dying declaration was recorded by Sub Divisional Magistrate PW 10 also died.
The case of the accused was forwarded for trial under Section 307/302/436 IPC.
Ka 19.
Learned companynsel for the appellant while assailing the impugned judgment submitted as follows Deduction of 50 salary of the appellant for paying to his wife by the Department cannot be a motive to ruin the entire family.
This witness has told the motive of Amar Singh to cause the incident that his sister obtained the order of half of salary of Amar Singh payable to him by the order of the Superintendent of Police, Kanpur because Amar Singh was maintaining the illicit affairs with two women.
The companyplainant having received the information, rushed to Lohia Hospital, Farrukhabad where sister of the companyplainant i.e. Urmila and four children briefed the entire incident to him.
The next day at about 7.20 a.m., Sub Inspector Pramod Kumar Katiyar returned to the Police Station vide General Diary it is reported that he got admitted all the injured of the incident in Ram Manohar Lohia Hospital on the direction of Inspector, Uma Shankar Yadav.
My husband has soleminsed two marriages after me.
Uma Shankar Yadav, Inspector PW 4 , has testified in the Court that on 29th April, 2005 at about 8.30 p.m. when he was in search the wanted accused, he numbericed a Maruti Van being blown near Udharanpur bridge.
Statements of PW 5 and PW 6 injured witnesses are companytradictory to the dying declaration.
This is number a fit case to impose a death penalty.
In the defence statement under Section 313 Cr.
The statement of Pankaj Singh, which is Ext.
Ka 18 Mamta, Ext.
He reported the same to the Police.
He immediately removed them to the Hospital for treatment.
My children and I had started getting half of his salaries and by which allowance we were maintaining.
The Police had taken them out of the burn Maruti Van after breaking open the door.
He arrived at Lohia Hospital at 11 a.m. and found all the persons in burn companydition.
Likewise, Pankaj PW 6 companyroborated the statement of Sudha.
The verbatim reproduction of dying declaration of deceased Mamta made to City Magistrate PW 10 , Raj Pal singh, which is Ext.
My father had soleminsed second marriage.
Ka 15 Pooja, Ext.
In support of prosecution case, as many as 15 witnesses were examined by the prosecution, out of them Sudha PW 5 and Pankaj Singh PW 6 are injured witnesses.
Dhruv Narain, Constable Police No.286 PW 14 , registered the First Information Report at 1.30 a.m. being Crime No.310/2005 under Section 436, 307 IPC.
He immediately arrived there.
The marriage of Mamta was settled on 11th May, 2005 and on pretend of purchase for marriage of Mamta accused Amar Singh had taken his wife and all the children to the market.
The High Court by the impugned judgment dated 16th February, 2010 upheld the companyviction and death sentence of the accused.
On this, Sub Inspector Pramod Kumar Katiyar along with other Constables proceeded to the spot.
He stated that on 29th April, 2005 his father Amar Singh and the driver took all of them to Chhibramau to purchase materials.
Her father had already sprinkled the petrol in the Van.
Complainant, Satendra Singh PW 1 , brother of the deceased Urmila, has proved the companytents of the FIR.
The person who informed PW 4 that the vehicle was set on fire was number produced by the prosecution.
After registration of the case, its investigation was entrusted to Pramod Kumar Katiyar, Sub Inspector PW 13 , He proceeded to the spot and prepared site plan Ext.
My father is in Police department.
Ka 15 Pooja, Ext.
