STATE OF UTTAR PRADESH Vs. MOTI RAM

JUDGEMENT

(1.) IT is a very tragic and pathetic case: tragic in the sense that 13 persons have been massacred in a gruesome and horrendous manner and pathetic in the sense that the culprits burnt the victims of this barbaric act by covering with sugar-cane leaves and sprinkling with diesel oil. At the same time, we are deeply distressed and pained to note that three of the accused persons i.e. A-1, A-2 and A-27, who were in prison on the date of occurrence are falsely implicated as having taken part in the occurrence and the main witness, Nitya Nand (PW-1) has made a deliberate and suborn perjury by naming these three accused persons even in the earliest complaint (Ex. Ka-1) with an oblique motive of obtaining conviction of these accused also.

(2.) EVEN at the threshold, we would like to point out that as the appellant has not furnished the correct list of the array of the accused with reference to each of the four sessions trials in a chronological manner, we with great difficulty have culled out the names of the accused persons and the sessions trial case numbers from the body of the judgment of the Trial Court and appended a list of the names of the accused as Annexure 'A' to this judgment so that we may not experience any difficulty in understanding and appreciating the prosecution case.

(3.) THE scene of occurrence lies within the limits of Nebua Naurangia Police Station in the District of Deoria in the state of U. P. At a distance of 10 miles to the west of this police station, there is a village known as Bali. A few furlongs to south of Bali, the village Deotaha is situated. THE agricultural area of the village Bali extends up to some distance to the west of village Deotaha. About six furlongs to the west of village Deotaha, there are two contiguous plots bearing Nos. 736 and 737 without any dividing line. THE occurrence in question took place in the very same plots.