JUDGEMENT
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(1.)Challenging the order of the High Court of Judicature at
Allahabad dated 19.9.2002 in Criminal Appeal No. 812 of
1980 acquitting Kishanpal Singh, Suresh Singh, Mahendra
Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and
Bahar Singh (Accused Nos. 2,4,7,8,9 & 10), the State of Uttar
Pradesh has filed this appeal.
(2.)The case of the prosecution is as follows:
On 21.6.1978 at 3.30 p.m., the sixteen accused persons
gathered at the door of Gyan Singh and made a criminal
conspiracy for killing Kaptan Singh and Raj Mahesh as they
were harassing them unnecessarily. At about 4.00 P.M.,
Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh,
Naresh Singh, Daulat Singh, Mahendra Singh @ Neksey
Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused
Nos. 1to10) reached at the place of occurrence with firearms.
Onkar Singh (Accused No.1), Naresh Singh (Accused No.5),
Daulat Singh (Accused No.6) and Sheodan Singh (Accused
No.9) had guns while others had country-made pistols. When
they reached the place of occurrence, Suraj Pal Singh, Kaptan
Singh and Raj Mahesh were preparing fodder in the cattle
troughs for their cattle in front of their chaupal. Suraj Pal
Singh's sister Smt. Maya Devi and mother Smt. Resham Devi
were also present there. The aforesaid accused persons
challenged Raj Mahesh and Kaptan Singh while Onkar Singh
and Naresh Singh shouted that they will be killed and the
entire family be finished. Onkar Singh fired at Raj Mahesh
while Naresh Singh fired at Kaptan Singh. When the accused
persons opened fire, Suraj Pal Singh ran inside the Jhonpari
to save his life and witnessed the incident. Maya Devi and
Resham Devi rushed to save Kaptan Singh, Daulat Singh fired
upon Maya Devi. Ram Autar, brother of Kaptan Singh and
Ishwari Devi came there to save Kaptan Singh and Raj
Mahesh. Resham Devi, Ram Autar and Ishwari Devi were also
fired at and received injuries when they tried to save Kaptan
Singh and Raj Mahesh. On seeing the people arriving, the
accused persons ran away from the spot. Suraj Pal Singh
came out of Jhonpari and found Raj Mahesh and Maya Devi
dead. Kaptan Singh was breathing his last while Resham
Devi, Ishwari Devi and Ram Autar were lying injured. Kaptan
Singh died on the way to hospital. Suraj Pal Singh did not
receive any injury. Suraj Pal Singh (PW-1) sent Brajaue Singh
to call Natthu Singh, who arrived soon from his village, for
escorting the injured as he had a licence for rifle. After the
arrival of Natthu Singh, all the four injured were taken to
police station, Sidhpura in a bullock-cart. Natthu Singh also
accompanied them. Natthu Singh wrote the report at the
dictation of Suraj Pal Singh. The said report was filed at 9.30
p.m. at the police station, Sidhpura. The case was registered
and the injured persons were sent for medical examination.
Dr. S. P. Dikshit, PW-11, examined the injured persons and
prepared their injury reports. Dr. R.P. Yadav, PW-6,
conducted the postmortem examination on the dead body of
Smt. Maya Devi, Kaptan Singh and Raj Mahesh on 22.6.1978
and prepared the report. Mr. K.P. Sharma, S.I., PW-12, took
up the investigation and completed most of the investigation.
Thereafter the investigation was continued by his successor
and charge sheet was submitted against the accused.
(3.)The State filed the case in the Court of VI Additional
Sessions Judge, Etah, against the accused persons. The
trial Court, after examining the evidence and other materials
on record and after hearing the parties, held that accused
Gyan Singh, Harbir Singh, Rampal Singh, Gopal Singh, Sher
Singh and Yudhishter Singh (Accused Nos. 11 to 16), who
were charged under Section 120 B I.P.C. were found not guilty
and accordingly acquitted them. The trial Court held that the
prosecution had proved its case beyond all reasonable doubt
against all the other accused persons (accused Nos. 1 to 10)
and held them guilty under Section 148 I.P.C. for committing
offence of rioting after forming an unlawful assembly as they
were armed with firearms, and under Section 302/149 I.P.C.
for committing the murder of Raj Mahesh, Kaptan Singh and
Smt. Maya Devi and under Section 307/149 I.P.C. for causing
firearm injuries on the person of Ram Autar, Resham Devi and
Smt. Ishwari Devi. After hearing on the question of sentence
as provided under Section 235 (2) Cr.P.C., Onkar Singh,
Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh,
Daulat Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh
and Bahar Singh were sentenced to undergo R.I. for two years
under Section 148 I.P.C., five years R.I. under Section
307/149 I.P.C. and imprisonment for life under Section
302/149 I.P.C. All the sentences were to run concurrently.