STATE OF U P Vs. GURU CHARAN

JUDGEMENT

(1.) These two appeals have been filed by the State of U.P. challenging the common Judgment of the High Court of Judicature at Allahabad in the Judgment in Criminal Appeal 1795/99 and Criminal Appeal No. 2018/99 and Reference No. 8 of 1999. By the aforesaid judgment, the two appeals by the convicts Guru Charan, Sunil and Pramod and Brahma Pal have been allowed and they have been acquitted of all the charges. At the same time the reference made by the Sessions Judge for confirmation of death sentence awarded to Guru Charan, Sunil and Pramod has been rejected.

(2.) We may notice here the relevant facts, culled out from the judgments of the Trial Court and the High Court and the evidence on record. On 20.7.1997 Ramesh Narain, deceased along with his son-in-law Jitendra alias Guddu deceased and Vijay Kumar (PW1) were returning to village Yakoot Ganj, Police Station Sahawar, district Etaah in a private bus No. PB-12-0148. Ramesh Narain, deceased was having his licensed double barrel gun and bandolier of cartridges. Nathu (PW2) was also traveling in the same bus. Ramesh Narain was sitting in the third row in the front side of the bus. Vijay Kumar (PW1) was sitting towards the rear end of the bus. Jitendra alias Guddu deceased was sitting beside Ramesh Narain, deceased. Nathu (PW 2) was sitting on the seat beside the bonnet. At about 4.15 pm when the bus reached near Tali Village and made a temporary stop, Sunil, Pramod, Guru Charan and Brahma Pal boarded the bus. Sunil and Pramod were having country-made pistols. Guru Charan was having licensed rifle of 0.315 bore and Brahma Pal was having a knife. On entering the bus they fired several shots at Ramesh Narain. As a result of gun fire, he died on the spot. Other passengers in the bus started running helter- skelter due to fear. It is stated that even the people working in the fields nearby ran away from there due to fear of the assailants. Jitendra alias Guddu tried to run out of the bus. He was however caught, thrown on the ground and killed by the assailants by shooting at him from their unlicensed arms. It is further the case of the prosecution that when PW2 tried to save Jitendra alias Guddu, Brahma Pal inflicted knife injuries on him. Similarly, when the driver of the bus namely Virendra tried to take the bus away he was attacked with a knife. It is further stated that while leaving the scene of the crime the assailants took away the double barrel gun and bandolier of cartridges of Ramesh Narain deceased.

(3.) The motive for the assault on the deceased is stated to be old enmity between the deceased and the assailants (hereinafter referred to as the respondents). According to the prosecution about two years prior to the date of the occurrence one Vinod Kumar brother of respondent No. 1, Sunil, was murdered. Ramesh Narain, Vijay Kumar (PW1) and Vishwanath were accused of murdering Vinod. They were, however, acquitted in the murder trial. Therefore the respondents were having a grudge against the deceased as well as Vijay Kumar (PW1).