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7. Lalit Kumar Yadav pleaded not guilty before the Trial Court and denied all the incriminating allegations levelled against him. He, however, admitted that he had been arrested by the police at 11.00 p.m. on 23rd February, 2004, i.e. the date of occurrence.

8. The prosecution examined as many as ten witnesses in support of the prosecution story. Ram Chandra Chaurasiya (PW-1) is the father of the deceased. He proved his report and also testified that the accused- appellant had teased the deceased girl a few days before the occurrence and when Km.‘x’ complained about the incident of teasing to her cousin Ashok Kumar, the latter had scolded the appellant. Unfortunately, Ashok Kumar died subsequent to the occurrence. He also proved that the police called a dog who after smelling the site of occurrence tracked down to the house of the accused and caught him.

11. Abdul Lais Khan (PW-4) is the handler of the German Shepherd Dog known as ‘Raja’. The said dog was taken to the village in the late evening on the date of occurrence. Shri Khan was then the Sub- Inspector in the Crime Research Branch (Dog Squad), District Lucknow. He testified that at about 8 p.m. on February 23, 2004, he was directed by the Senior of Superintendent of Police, Lucknow to go to the site of occurrence. Accordingly, he arrived there at 8.30 p.m. alongwith the German shepherd dog named as ‘Raja’. He started the search work at 9 p.m., it being a night with dark all around, a patromax lantern was lightened up near the dead body of the victim. He asked for arrangement of more light which was provided by the Investigating Officer and then he instructed the dog to smell the footprints of the culprit around the dead body and then set the dog scot-free and asked it to move. He alongwith the police personnel and other villagers walked behind the dog. After walking about 1 k.m. the dog reached in the village Gokulpur Aseni. It then traversed through the Khadanja street. After tracking the street in front of 10-12 houses, the dog entered into a thatched house, where two boys were resting on a wooden cot. The dog barked at the accused Lalit Kumar who was identified by Abdul Lais Khan in the Court as the same person, who was smelled by the dog and whom it had attempted to pounce and catch hold. However, in the meantime, the Station House Officer of Police Station Satrikh apprehended Lalit Kumar. In nutshell, according to the evidence of this witness, the accused was the offender whose footprints were there around the dead body.

47. While we apply the various principles to the facts of the present case, we are of the opinion that considering the age of the accused, the possibility of reforming him cannot be ruled out. He cannot be termed as social menace. Further, the case does not fall under the “rarest of rare” category. We, therefore, are unable to uphold the death sentence.

48. For the reasons aforesaid we are commuting the death sentence of accused-Lalit Kumar Yadav alias Kuri to that of life imprisonment but affirm the rest part of the conviction and sentence. The appeal is partly allowed only with regard to the quantum of sentence.

……………………………………………….J. (A.K. PATNAIK ) ……………………………………………….J. (SUDHANSU JYOTI MUKHOPADHAYA) NEW DELHI, APRIL 25, 2014. 

ITEM NO.1A               COURT NO.10                SECTION II
(For Judgment)

            S U P R E M E   C O U R T   O F   I N D I A
                         RECORD OF PROCEEDINGS
                    CRIMINAL APPEAL NO(s). 1022 OF 2006


LALIT KUMAR YADAV @ KURI                          Appellant (s)

                 VERSUS

STATE OF U.P.                                     Respondent(s)