STATE OF U P Vs. SHYAM VEER

JUDGEMENT

(1.) These appeals have been preferred by the State of Uttar Pradesh against the judgment and order of the High Court of Judicature at Allahabad dated 17th December, 1997 in Criminal Appeal Nos. 186, 214 and 474 of 1997 along with Criminal Appeal No. (Capital Case) No. 198/97. The High Court also disposed of Reference No. 17/97. The respondents 13 in number were put up for trial before the Ist Addl. District and Sessions Judge, Etah in Sessions Trial No. 321/89. By judgment and order of 25th January, 1997 the trial court found respondents 1 to 5 guilty of the offences under Section 302/149, IPC, 436, 353 and 147, IPC. It sentenced them to death under Section 302/149, IPC, to life imprisonment under Section 436, IPC and 2 years rigorous imprisonment each under Sections 353 and 147, IPC. The respondents 6 to 13 were sentenced to life imprisonment under Section 302/109 as well as under Section 436/109, IPC, and to two years rigorous imprisonment under Section 353, IPC. They were, however, acquitted of the charge under Section 147, IPC. The several appeals along with Death Reference were disposed of by the High Court by its impugned judgment and order. The High Court declined the Death Reference on a finding that respondents 1 to 5 were guilty of offence under Section 304, Part-I and not under Section 302/149, IPC. It sentenced them to 10 years rigorous imprisonment under that Section. It further reduced their sentence under Section 436, IPC to 7 years rigorous imprisonment while upholding the sentence under Section 147, IPC. Respondent 6 to 13 were acquitted of all the charges levelled against them.

(2.) The case of the prosecution is that on 22nd March, 1989 the villagers of village Badhapura were celebrating Holi festival when that unfortunate incident took place. Deceased Ghamandi Lal, a dhobi by caste was also a resident of the village. At about 7.00 p.m. Rajvir Singh, who appeared to be under the influence of liquor, came in front of his house and allegedly started abusing Ghamandi Lal (deceased) calling him a dhobi, etc. To this, Indal (deceased) son of Ghamandi Lal objected. Rajvir Singh did not pay any heed and continued to abuse Ghamandi Lal by his caste. This infuriated Indal, son of Ghamandi Lal who went inside his house brought out the licensed gun of his father and fired 2/3 shots at Rajvir Singh, as a result of which Rajvir Singh died on the spot. Immediately, the message reached the family members of Rajvir Singh. Respondents 1 to 3 his brothers, and respondents 4 and 5 his cousins reached the house of Ghamandi Lal. They lifted the body from in front of the house of Ghamandi Lal and placed it under a Neem tree. They were infuriated and vowed to avenge the murder of their brother, and in that mood they approached the house of Ghamandi Lal. Ghamandi Lal apprehending death at their hands, entered his house and bolted the door from inside. The aforesaid respondents climbed on the roof of his house, broke opened a portion of the roof and threw inside the room straw and other inflammable materials. Thereafter, they set fire to the house. The admitted case is that all this took place within 15 minutes of the murder of Rajvir Singh.

(3.) A first information report had been lodged at 2.45 a.m. regarding the death of Rajvir Singh by Shyamvir Singh, his brother. The first information report relating to the incident in question was lodged at 3.15 a.m. by Kamlesh PW-4, a cousin of Ghamandi Lal. On the basis of the earlier first information report the police force had reached village Badhapura. It is the case of the the prosecution that respondents 6 to 13 prevented the police force as well as the villagers from extinguishing the fire. Ultimately, the house was burnt down. From the burnt house the bodies of Ghamandi Lal, his wife Janak Dulari and his sons Vir Pal, Raj Kumar and Indal were recovered.