STATE OF U P Vs. KRISHNA MASTER

JUDGEMENT

(1.) The State of Uttar Pradesh has questioned legality of judgment dated April 12, 2002 rendered by Allahabad High Court in Criminal Appeal No. 574 of 2001 by which judgment dated February 20, 2001 passed by the learned Special Judge (EC Act)/Additional District Judge, Farrukhabad in Sessions Trial No. 17 of 1992 convicting the three respondents herein under Section 302 IPC and sentencing each of them to death with fine of Rs. 10,000/- in default RI for two years for commission of murder of six persons is reversed and they are acquitted.

(2.) The facts emerging from the record of the case are as under: The incident in question took place on August 10/11, 1991. The first informant is one Jhabbulal. He, as well as the respondents, are residents of Village Lakhanpur, District, Farrukhabad, Uttar Pradesh. About one year before the date of incident, Sontara, daughter of the respondent No. 1 had eloped with Amar Singh, son of Jhabbulal. On one day, Amar Singh was spotted in the village and on learning that Amar Singh was back in village, the respondents had made an attempt to find him out to assault him and to take revenge. However, Ramwati, wife of Guljari, had learnt about the plans of respondents. She was neighbour of Jhabbulal. Therefore, she had given prior intimation to Amar Singh about the ill designs of respondents to assault him. Thereupon Amar Singh had left the village and this is how his life was saved. Later on, the respondents had learnt that because of the intimation given by Ramwati, Amar Singh had left the village and he could not be targeted. Since then, the respondents were bearing a grudge against Ramwati. It may be mentioned that after 3-4 days Sontara and Amar Singh had returned to the village. It is the prosecution case that at that time, Guljari Lal, husband of Ramwati had suggested the Respondent No. 1, in presence of first informant Jhabbulal to get his daughter married to the son of Jhabbulal. Thereupon, respondent No. 1 had taken exception and told Guljari Lal not to play with the honour of his family. Because of the suggestion made by Guljari Lal, the respondent No. 1 was highly agitated and had animus against Guljari Lal and first informant, Jhabbulal.

(3.) On August 10, 1991, Ram Sewak, announced while sitting on Chabutra of Ram Sewak that, at all costs, the girl Sontara should come back. Otherwise, no one would be kept alive even for the name sake. Sontara did not come back to the village. In the midnight of August 10/11, 1991, at about 12 hours, the respondent No. 1, i.e., Shrikrishna, the respondent No. 2 Ram Sewak and the respondent No. 3 Kishori carrying country made pistols in their hands entered the house of Guljarilal by jumping the southern wall of the house. After entering into the house of Guljari, the respondents started firing shots indiscriminately. Because of the gun shots, Guljari, Ramwati, wife of Guljari, Rakesh, Umesh and Dharmendra sons of Guljarilal, were injured. PW2 (Madan Lal) who was sleeping at the place of incident, got up after hearing gun shots and hid himself under the cot. He witnessed the whole incident from there. First Informant Jhabbulal and his wife Lilawati, on seeing this ghastly incident, left their house and while making hue and cry entered the house of Khemkaran. The respondents after killing Guljari and his family made search for the complainant and his family members but they did not find them present in the house. At that very time, Baburam, brother of the first informant, who had entered his shop out of fear, was also dragged out by the respondents from the shop and shot dead. After resorting to indiscriminate firing, the respondents left the village and went towards the south by making two fires in the air.