Rafat Mian vs State

S.I. Jafri, J.—Heard the learned Counsel for the Appellant and also the learned Counsel for the State.

I have also perused the papers having bearing upon this case. It is a case in which a lady has been preyed upon in a gruesome manner. An attempt was also made to outrage her modesty before setting her ablaze. She succumbed to her injuries subsequently. The Appellant was not on bail in the court below. Thus, no ground for bail is made out. Hence, prayer for bail is rejected.

I have gone through the evidence on record very carefully and considering the horrible nature of offence, I fell pricked by my judicial conscience to proceed further for issue of notice for enhancement of the sentences awarded by the trial court while exercising my inherent powers u/s 482 Code of Criminal Procedure and u/s 397/401 Code of Criminal Procedure.

In the instant case, the dying declaration of the lady was recorded by a Magistrate. The Investigating Officer has also recorded the dying declaration of the lady. It has specifically been mentioned by the lady in her dying declaration that it was the Appellant who had doused her with kerosene and set her aflame. Lender the circumstances, while exercising my inherent powers u/s 482 Code of Criminal Procedure and my revisional powers u/s 397/401 Code of Criminal Procedure I consider it a proper case for issue of notice for enhancement of sentence from life imprisonment to death sentence.

Under the circumstances, I direct the Appellant to show cause as to why the sentence of lesser imprisonment awarded by the trial court be not enhanced to death sentence.

Office is directed to issue notice to the Appellant to show cause in the light of the above directions immediately.

List this appeal for final hearing in the month of October 1987 before the appropriate Bench.