(1.) This is an appeal by special leave against the judgment of the Allahabad High Court which had upheld the acquittal of all the accused-respondents of charges under Sections 147, 302/149, 436/149, 307/149 of the Indian Penal Code (for short the IPC) and under Section 4(iv), (x) and Section 5.7 of the Protection of Civil Rights Act, 1955. The aforesaid charges were framed pursuant to an occurrence which had taken place in village Kafalta Malla in district Bilaspur in the State of U. P. wherein 14 persons were killed and 7 injured. All the 32 accused-respondents were acquitted by the Sessions Judge and, in appeal, the acquittal of all of them was upheld except that of accused Kishan Singh, respondent No. 20 and Jeet Singh, respondent No. 14, who were convicted by the High Court under Section 325/34, IPC and sentenced to five years rigorous imprisonment.
(2.) The occurrence in question took place on 9th May, 1980. The complainants side is Dom by caste. It was not disputed during the arguments that Dom is a Scheduled Caste. The prosecution case is that a marriage party from the complainants village Birlagaon Talla was going to village Pinna. It had to pass through village Kafalta Malla. The marriage party, consisting of about 40 persons, reached the village Kafalta Malla at 5 p.m. There 4 women accused Nos. 29 to 32 met the marriage party near the house of accused No. 13. Lachman Singh Bangari, i.e., in the beginning of the village. These women stopped the doli of the bridegroom and asserted that these Doms could not take their bridegroom on a doli in front of the house of Thakurs and Brahmins. The complainants side replied that when Brahmins and Thakurs could do it, the Doms had also right to do it. Then these women shouted for their men folk of the village and all the male accused, along with others, came at the spot. In all there were 70 to 80 persons, and they were armed with lathis, dandas, stones. When the marriage party reached near the house of one Nari Ram, PW-8, a resident of this village one Khima Nand Fauji attacked Diwani Ram, of the marriage party, with a knife. Diwani Ram received injuries. Khima Nand Fauji wanted to attack again. Then the bridegrooms father Mohan Ram tried to snatch the knife front Khima Nand. In this scuffle the knife struck Khima Nand. (This Khima Nand died after a few days). When the knife struck Khima Nand and he got injured, the members of the marriage party started running halter skelter. Some of them entered into the house of Nari Ram as this Nari Ram was of their own caste. In order to save themselves these persons bolted the door of Nari Rams house from inside. The accused- assailants bolted it from outside and after making a hole in the roof, they put in dried grass, sprinkled kerosene oil and put it on fire. Some members of the marriage party ran elsewhere to save themselves but they were attacked with lathis and stones etc. resulting in death of several persons. Complainant Narendra Prasad (PW-1) was also in the marriage party. He was injured. Somehow he was able to escape and reached his house after it being dark. Then he went to Patwaris office which is at a distance of two or three kilometres from his house and six kilometres from the place of occurrence and lodged a written report (Ex. Ka. 3) at 10 p.m. the same night.
(3.) Before the report was lodged by the complainant the accused no.2 Inder singh also lodged a report in the same Patwaris office at 9.30 p.m. The version given in this report was that the marriage party reached the village at 5 p.m. In the village there is a temple of Badri Nath where bridegroom of every caste has to get down from doli. Then the marriage party was asked that they should also take the bridegroom on foot in front of the temple, but the members of the marriage party did not agree and started quarrel. They attacked Ram Singh accused No.10. As alarm was raised in the village, the villagers assembled. The members of the marriage party did not yield to persuasion. They took out knife and were bent upon assaulting and they started it. They attacked Khima Nand with knife, Khima Nand received serious injuries and became unconscious. In this scuffle the marriage party, which consisted of fifty persons dispersed, while the accused No. 2 Inder Singh and No. 20 Kishan Singh had come to lodge the report on being asked by the villager. According to the accused, there were 50 to 60 persons in the marriage party.