STATE OF UTTAR PRADESH Vs. ABDUL

JUDGEMENT

(1.) The village Tilokpur consists of several hamlets, of which Kurthara is one where Abdul Ali son of Maikoo (A-1) was residing but later on he shifted to village Tilokpur. Mustaffa (A-2) was also residing at village Kurthara but thereafter shifted to village Tilokpur. Vikram (A-3) and Ramanuj (A-4) are the residents of village Kurthara. All these four accused persons happened to be close friends of each other, of whom, Abdul Ali (A-1) was the Pradhan of Tilokpur Gram Panchayat for about fifteen years until he lost the election to the post of Pradhan to Shanker Lal (since deceased). At the time of incident which took place on December 24, 1983, undisputedly Shanker Lal was the Pradhan who belonged to the opposite group. The accused and in particular Abdul Ali (A-1) did not cherish the success of Shanker Lal as the Pradhan of village Tilokpur. The victory of Shanker Lal as the Pradhan was celebrated by his supporters in the village which added an additional insult to the ego of A-1. According to the prosecution, these factors led to the strained and inimical relations between the two groups, one headed by A-1 and the other by Shanker Lal.

(2.) It is alleged by the prosecution that a year prior to the incident in question, A-1 and his associates had attempted to commit the murder of Shanker Lal, but he survived and at the material time a criminal case under Section 307 of the Indian Penal Code was pending against them. A case under Section 107 of the Criminal Procedure Code was also pending against A-1.

(3.) According to the prosecution, a day before the incident in question, Shanker Lal received a notice relating to the No Confidence Motion being moved against him. It was alleged that A-1 and his associates were instrumental in moving this No Confidence Motion. Shanker Lal, therefore, on December 24, 1983 i.e. the date of incident left his house at about 7.30 a.m. along with his brother Mangal (PW 1) and uncle Chhote Lal (PW 2) and reached the house of Dwarika Prasad (DW 1) to discuss about the No Confidence Motion. In the said meeting, it was decided to challenge the validity of the No Confidence Motion. before an appropriate forum and to obtain a stay order; for that purpose, they were to go to Lucknow. Dwarika Prasad (DW 1) told Shanker Lal and his associates to go ahead and he would join after a short time. Accordingly, Shanker Lal, Mangal and Chhote Lal left the house of Dwarika Prasad and when they reached near the house of Dhanendra Jain, A-1 armed with his double barrel gun, A-2 and A-3 armed with katta (country made pistol) and A-4 armed with banka suddenly appeared on the scene of offence and encircled Shanker Lal. A-4 used filthy language against Shanker Lal. A-1 then suddenly fired at Shanker Lal. A-4 assaulted Shanker with banka whereas A-2 and A-3 fired from their katta (country made pistol). Shanker Lal on receiving a gun shot and other injuries fell down and died at the spot. This incident happened at about 8.45 a.m. The sound of fire arms and the cries raised by Mangal and Chhote Lal attracted the attention of a couple of persons including Mahadin and Mahabir. All the accused thereafter fled away.