STATE OF U.P Vs. RAJESHWAR

JUDGEMENT

(1.) This appeal by special leave, at the instance of the State of Uttar Pradesh is directed against the judgment and order dated December 21, 2001 passed by the Allahabad High Court in a batch of criminal appeals. By the impugned judgment the High Court allowed all the appeals (that had come to it from a common judgment and order passed by the trial court) and acquitted all the 14 accused (respondents in the present appeal) all of whom were found guilty of rioting and arson and committing murder of three people by the trial court and 8 of whom were awarded the death penalty while the remaining 6 were given the punishment of life imprisonment.

(2.) The case of the prosecution is based on the oral statement made by one Brij Pal Singh (PW.1) at Kayamganj police station before the Inspector In-charge of that police station. Brij Pal Singh stated that he was a resident of Mauza Ballu Baheta, police station Kayamganj and there was old enmity and litigations between the Harijans and the Brahmins living in his village. On account of the enmity, the accused, namely, Rajeshwar (accused no.1), Ramveer (accused no.2), Rajveer (accused no.3), Patiram @ Patanga (accused no.4), Rajesh @ Tillu (accused no.5), Omveer (accused no.6), Ved Ram (accused no.7), Ram Sevak (accused no.8), Ram Sanehi (accused no.9), Ram Baran (accused no.10), Dayashankar (accused no.11), Radhey (accused no.12), Ram Prakash (accused no.13) and Ramua Jatav (accused no.14) along with four-five unknown accused (whom he could identify by face), armed with country made guns, rifles and kattas, came and surrounded their mohalla.

(3.) The statement of Brij Pal Singh was reduced to writing and was incorporated in the formal FIR on the basis of which the police took up investigation. On completion of investigation, the police submitted charge- sheet against all the accused named in the FIR besides three other persons, namely, Kunwar Pal, Rajender and Ram Lal.