BAJWA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The ten appellants have appealed to this Court by special leave under Art. 136 of the Constitution from the judgment and order of the High Court of Judicature at Allahabad dated October 31, 1968 allowing the appeal of the State of U. P., from the judgment and order of the Temporary Sessions Judge, Hamirpur dated January 15, 1965 acquitting all the 15 accused persons, including the appellants, of the charges under Sections 148, 302/149 and 201, I.P.C. During the pendency of the State appeal in the High Court against the order of acquittal. Chandrapal Singh, accused No. 1 (in the trial Court) died on September 30, 1967 with the result that appeal against him abated on his death. The appellants were, however held liable to be convicted under Sections 302/149, 201/149 and 148, I.P.C. Against the remaining accused persons the order of acquittal was affirmed. Under Ss. 302/149, I.P.C. each of the appellants was sentenced to imprisonment for life and under Ss. 201/149 I.P.C. sentence of two years' rigorous imprisonment was imposed on each one of them. They were also sentenced to one year's rigorous imprisonment each under S. 148, I.P.C. All the sentences were directed to be concurrent.

(2.) According to the prosecution Pannalal and Gulzarilal, appellants Nos. 7 and 8 are brothers: so are Achche Lal, Ramdhar and Bansi, appellants 4 to 6. Gurwa, appellant No. 3 is the first cousin of Bansi: Ramdayal, appellant No. 10 is also Bansi's cousin. Bajwa, appellant No. 1 too is related to Bansi: he is the son of Ramsahai who turned an approver and was examined as a prosecution witness. It is alleged that all the appellants, along with the other persons arrayed as accused in the trial Court, belong to one party and there was some litigation under S. 107, Cr. P.C. between most of the accused persons on the one side and the deceased Ramratan and men of his party on the other. During the course of proceedings under S. 107, Cr.P.C. it appears that under pressure of Ramdayal, Achche Lal and Ramdhar on unwilling Ramratan, a compromise was signed in those proceedings but as there was no genuine change of heart amongst the rival parties the Station Officer of the Police Station did not agree to drop the proceedings. There was also another proceeding under S. 107, Cr.P.C. in which Gulzarilal, Pannalal, Gurwa and Ramgopal had been bound down. It is also alleged that on the murder of one Munni Banin, Chandrapal Singh, Gulazrilal, Pannalal, Banshi, Ramgopal and Gurwa were prosecuted and Ramratan, deceased, conducted the case for the prosecution. There was thus no love lost between the two factions. On August 16, 1963 at about 5.30 p.m. Shivratan (P.W. 1), Jagroop Singh (P.W. 2). Maheshwar Din (P.W. 3) Sughar Singh and deceased Ramratan were proceeding to the house of one Sheoraj Singh for attending a recital of ALHA. On their way while proceeding from the direction of Korionwali Gali they entered Banshiwali Lane. There they noticed accused Bansi and Gulzarilal standing in front of the door of Bansi's Gurwahi Bakhari. As soon as Shivratan (P.W. 1) and his companions turned into the Banshiwali Khor for going to Sheoraj Singh's house, Gulzarilal asked them to stop Bansi is also said to have shouted "kill them". Thereupon Chandrapal Singh fired his gun hitting Ramratan, deceased, as a result of which the latter died at the spot. The ten appellants were said to be present in the company of Chandrapal Singh at the time of the occurrence. Gulzarilal, Pannalal, Bansi and Achche Lal were stated to be armed with pharsa, Ramdhar, Ramdayal, Gurwa and Ram Gopal had kulharis while Bajwa and Tej Singh were carrying gandasas. Chandrapal Singh was armed with a gun with which he shot down the deceased Ramratan. Sheoratan (P.W. 1) and his partymen tried to advance towards the dead body of Ramratan but the appellants and Chandrapal Singh rushed at them threatening to kill them as well. Sheoratan Singh and his partymen thereupon ran away towards their village raising an alarm. On their arrival in their own Mohalla Sheoratan Singh and his companions collected about 30 or 40 persons and returned to the place where Ramratan had been shot dead. There they found that the dead body of Ramratan had been removed. They divided themselves into two groups. One party going towards the house of Sheoratan Singh in search of Ramratan's dead body and the other going towards Bansi's house for the same purpose. Outside the village both the parties met again and continued their search. Climbing over the "Jogi Nala" they noticed the appellants along with Chandrapal Singh going away with the dead body towards "Bari Bhawani". They also noticed that the dead body had been cut into pieces and its dismembered parts were carried in three baskets one of the partymen carrying the head of the deceased in his hand. The party of Shivratan tried to chase the accused and on coming closer they recognised the persons running away with the different parts of the dead body. Ramgopal was carrying the head of the deceased in his hand whereas Bajwa, Tej Singh and Ramdayal were carrying three baskets. On seeing the party of Shivratan the appellants are stated to have thrown away various parts of the dead body and escaped. Sheoratan Singh and his companions recovered the trunk but could not find the head and the thighs of the deceased. Picking up the parts of the dead body which they were able to recover, they returned to their village.

(3.) A report of the occurrence was written out by Sheoratan Singh (P.W. 1) at his house and lodged by him at the police station about 3 miles away at about 12.30 midnight between August 16 and 17, 1963. He had gone there with the village chowkidar and five or ten other persons including Jagdeo Singh who was armed with a gun. The Station Officer not being present in the police station at that time, the report was handed over to the moharar Girinder Singh, constable (P.W. 7). In that report the names of the ten appellants and Chandrapal Singh were specifically mentioned as the perpetrators of the alleged crime. On his return home P.W. 1 learnt that the head and thighs of the deceased had also since been recovered and kept with the other parts of the dead body. The papers relating to the report lodged with the police were sent to the Station Officer in village Goyari where he happened to be at that time. The said officer reached village Geondi at about 11.00 a.m. on August 17 and found the truncated body of the deceased under Peepal tree and after preparing the inquest report he despatched the recovered parts of the body for post-mortem examination. At the place where Ramratan was alleged to have been shot down, blood stains were found by the investigating officer on the ground. Blood stained and unstained earth was collected from that spot. He then went to "Gurwahi Bakhari" of Ramsahai where the dead body was suspected to have been dismembered. Blood was discovered inside the "Bakhari". Blood stains were also found on the chaukat and door leaves of the said "Bakhari". Some bricks lying there were also found to have blood stains on them. There were blood marks as well on the cattle fodder lying in that Bakhari. The investigating Officer P.W. 8 took the blood-stained pieces of various articles from the said Bakhari and duly sealed them. The necessary recovery memos were prepared. The investigating officer also found four wads behind the said Bakhari in the vicinity of the place where Ramratan was stated to have been shot dead. Those wads were sealed and the necessary recovery memos prepared. Search was made by the investigating officer (P.W. 8) for the alleged miscreants but they were not traceable with the result that proceedings under Ss. 87 and 88, Cr. P.C. were taken for the wanted accused. Accused nos. 12 to 15 in the trial Court were arrested on August 25, 1963, the remaining accused having surrendered in Court on various dates. The post-mortem examination was performed on the dead body of Ramratan by Dr. J. B. Panwar, Medical Officer-in-charge of Mahoba on August 18, 1963, at about 9.30 a.m. only seven different parts of the dead body were available for autopsy. Maggots were found on the injured parts of the dead body and fragments of skin with peeling off in several areas in big patches were also found. The following ante-mortem injuries on the trunk of the dead body were observed by Dr. Panwar: