RAM MANORATH CHHOTEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Twelve persons were put up for trial before the fearned Additional Sessions Judge, Bahraich on various charges, the principal charge being under S. 302 read with S. 149 of the Penal Code. The learned Judge acquitted four persons and convicted the remaining eight of the offences of which they were charged. Two out of those eight persons namely, Chhotey and Ram Manorath were sentenced to death while the remaining six were sentenced to imprisonment for life. The sentences awarded for the other offences were directed to run concurrently with that sentence. The High Court of Allahabad acquitted one more person and convicted the remaining seven. The High Court also upheld the death sentence awarded to Chhotey and Ram Manorath. From out of the seven persons convicted by the High Court, only six are before us since one of them, Baijnath, who was awarded life imprisonment has not appealed from the judgment of the High Court.

(2.) The incident out of which these proceedings arise took place at about sunset time on 5/12/1973 in a village called Bhawanipur. Four persons died during the course of that incident, namely, Guley, Abbas, Wali Mohammad and Nankau. Guley and Abbas are alleged to have been shot dead by Chhotey while the other two are alleged to have been shot by Ram Manorath. Guley and Abbas died instantaneously, Nankau a little later and Wali Mohammad about a week later.

(3.) In support of its case the prosecution examined four eyewitnesses : Noor Mohammad Public Witness 1, Shaukat Ali Public Witness 2, Nafees Public Witness 4 and Naeem Public Witness 5. The prosecution also relied on the dying declaration of Wali Mohammad which was recorded by a magistrate. The evidence of these four witnesses as also the dying declaration have been accepted by both the courts.