CHARAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The six appellants faced trial along with 18 others for alleged commission of offences punishable under Ss. 147, 148, 302 read with Ss. 149 and 307 read with S. 149 of the Indian Penal Code, 1860 (in short 'the IPC'). They were convicted by the trial Court. For the offence relatable to S. 302 read with S. 149, I.P.C. life imprisonment was awarded; whereas for the offence relatable to S. 307 read with S. 149, I.P.C. imprisonment of 7 years was awarded. According to the prosecution, one Devi Charan (hereinafter referred to as the 'deceased D-1') lost his life on account of murderous assaults of the accused persons. Two other persons namely, Buddha and Shanti Devi (described hereinafter as deceased D-2 and D-3 respectively) lost their lives in the incident. All the 24 accused persons preferred appeal before the High Court. The High Court found that one accused named Shyamu was a juvenile and with reference to S. 2(4)of the U.P. Children Act, 1951 his conviction was maintained, but he was extended the benefit of the said Act. Though one Ram Pal was named in the First Information Report, no charge-sheet was submitted so far as he is concerned. One Narena died during the pendency of the appeal before the High Court and the appeal abated so far as he is concerned. Dealing with the case of other 22 accused persons, the High Court found that the appellants 10 to 23 were stated to be armed with lathies only. There was no sufficient material to bring home the accusations so far as they are concerned. Though one Raj Pal was also similarly placed, the High Court made a distinction holding that he being the son of Harkesh, the prime mover of the entire episode, it can be presumed that he may have had a motive to join the unlawful assembly with his father, brother and others. Though one Mahesh Chand was also stated to be holding a spear, he was also found to be not guilty on the logic of the other accused persons who were holding lathies. He was also given the benefit of doubt.

(2.) The prosecution version as unfolded during trial is as follows :

(3.) Instantaneously, all the accused reached the Baithak of deceased nearby the Gher of Harkesh. There Harish Chandra told the deceased that he would be taught a lesson for the litigation started by him two years back. Accused-Harish Chandra and Har Prasad opened fire on Devi Charan. Harkesh wielded spear and Raj Pal gave a lathi blow to Devi Charan. It, however, appears that Devi Charan did not receive any injury from such weapons, as he received gunshot wounds only according to post-mortem report. Devi Charan died on the spot.