KARTAREY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgement of the High Court of Allahabad. Six persons viz, Kartarey (30) , Sita Ram (45) , Baljeet (45), Smt. Kaila (27), Benarsi and Ram Karan all resident of Giaspur were tried by the First Temporary Session Judge, Meerut for rioting and committing the murder of their co-villager, Tejpal. He convicted all the six under Sec S. 302/ 149. Penal Code. . Each of the first three was sentenced to death and the rest to imprisonment for life. They were also convicted under sec. 148,Penal Code .The convicts appealed, while a reference under S. 374, Cr. P.C. was made by the Session Judge for confirmation of the death sentences. The High Court set aside the conviction of Mst. Kaila, Benarsi and Ram Karan and acquitted them on all the counts. It set aside the conviction of Kartarey, Sitaram and Baljeet in respect offence under S. 148, Penal Code. It, however, maintained the conviction of Kartarey , Sitaram and Baljeet but altered it from that under Sec 302/ 149 to one under Sec. 302 read with Sec. 34, Penal Code. Their death sentences were also commuted to imprisonment for life.

(2.) Kartarey, Sita Ram and Baljeet have now come to this Court in appeal after obtaining Special Leave under Art. 136 of the Constitution. The fact of the prosecution case are as follows: Tejpal deceased was a Thakur. He owned considerable landed property in village Giasupur. The accused are Harijans of the village. In the last week of April 1961, the deceased found Mst. Kaila and another woman cutting sugarcane and scraping grass in his field. The deceased rebuked them and snatched away the khurpi from Mst. Kaila. She resented this behaviour of the deceased and threatened to wreak vengeance upon him.

(3.) On 1-5-1969, at about noon, the deceased was returning home from his fields. When he reached in the lane in front of the house of Kartarey, all the six accused caught hold of him and pulled him into Kartarey's house. On seeing this, Khacheru P.W. and Sripal, P.W. 2 who were sitting under a tree in the same lane, sensed mischief. So they ran to the house of Kartarey raising shouts for help. By the time they reached the house. The accused had taken the deceased inside and bolted the entrance door from within. The alarm raised by these witnesses attracted Nain Singh P.W. 1,father of the deceased:Subrati, P.W. 3 Prahlad Singh P.W.4, Attar Singh and one Kantu Singh. These persons heard the shrieks of the deceased emanating from inside the house. They tried to force open the door but were unsuccessful. Leaving Khacheru at the entrance door, the other witnesses climbed the eastern wall of Kartarey's house and saw, in the courtyard, Mst. Kaila, Banarsi and Ram Karam holding the deceased while Kartarey was assaulting him with a chhura and Baljeet and Sitaram with Katars. The witnesses jumped into the courtyard whereupon the assailants dragged the deceased into the Kotha. The witnesses succeeded in apprehending Kartarey and in seizing the blood-stained chhura from him. They also secured Mst. Kaila and Banarsi. The remaining three assailants, however, escaped through the adjoining house of Sita Ram. The witnesses found Tejpal lying dead in the Kotha.