RAMA KANT VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court, Lucknow Bench, directing acquittal of the respondents 2 to 5 who were found guilty of offences punishable under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 (in short the 'IPC'). Appellant was the informant in the case. The aforesaid accused respondents were found guilty of offences punishable under Section 302 read with Section 149 IPC and 148 IPC and each of them was sentenced to be hanged separately till death. Since confirmation of the death sentence was required, reference was made in terms of Section 366 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.'). The convicted accused preferred appeals. The present appellant filed a revision against the judgment and order of acquittal in respect of two persons namely Ram Kripal Verma and Ram Tilak Verma. The High Court allowed the appeal filed by the convicted appellants, while dismissing the revision petition filed by the informant and rejected the reference.

(2.) The prosecution version as unfolded during the trial is as follows : An F.I.R. was lodged at 6.30 A.M. on 11.11.94 at Police Station, Tarun by Rama Kant (P.W. 1) with the allegation that his cousin Girish Varma was sleeping in the room of the Tube-well along with him. His grandfather Sukhai and his uncle Ram Naresh were sleeping under the Chhappar near the tube-well. His brother Umakant Varma (PW2) was sleeping inside the Saria for looking after the cattle. Sukhai and Ram Naresh raised alarm and asked for help, at which Ramakant along with Girish came out of the tube-well room after opening its door, and saw that Krishna Murari and Kashi Ram by means of Gandasa and Raghava Ram and Ram Milan by means of Banka, and 2-3 others, who had muffled/covered their faces by means of cloth were causing injuries to Sukhai and Ram Naresh. Ram Dev, another uncle of the informant, was sleeping south of the tube-well under the Chhappar. Ramakant, Umakant and Girish tried to rescue the victims, but the assailants attacked Girish and Ram Dev also by means of their weapons. Ramakant, Uma Kant escaped and ran into the field of sugarcane and also raised alarm. It was night time 2.30 A.M. on 11.11.1994 (in between the night of 10th and 11th November, 1984). Due to cries and alarm raised by them, Ram Tej, father of informant, and several villagers came with lathis and torches. The assailants ran away towards south. It was further alleged that the four appellants were seen and identified by Ramakant (PW1) Uma Kant (PW 2), Ram Tej and villagers in the light of the torches and in the electricity light. It was also alleged that litigation in respect of land had been going on in between the victims and appellant Krishna Murari. The cattle of Krishna Murari were sent to the house of Ram Kripal ten days prior to the occurrence and he had also sent his family out of the village to his wife's house in another village. Rama Kant further alleged that in the morning Daljeet Singh (PW3), Jaising Mau and Hari Om (PW4) told him that on 10.11.94 at 9.00 A.M. the appellants were seen by them, taking non-vegetarian food along with Ram Tilak and Ram Kripal at the shop of Ram Kripal. Ramakant therefore, alleged his suspicion against Ram Kripal and Ram Tilak as the persons who were instrumental in the commission of this crime conspiring with the appellants. All the four victims had died on the spot. Leaving them there as such on the spot, he lodged the written report (Ext.Ka.1) at the Police Station where its check report (Ex.Ka. 16) and G.D.entry(Ex.Ka. 17) was prepared by Ram Harsh Yadava (PW12) head constable and thus a case crime No. 156 of 94 was registered. Investigation was given to the Station Officer of the P.S.Sudhakar (PW 10) who, at the time of registering of the case, was busy in his duty at Ayodhya in "Chaulah Kosi Parikarima" and who on receiving information of this case reached PS Tarun, and obtained copy of the FIR and other relevant papers from the PS and reached the spot of occurrence in village Bearauli at about 9.00 A.M. and found other police personnel including Riaz Khan of P.S. Haiderganj, and Sibte Haider SSI (PW13) of PS Tarun. He got the inquest reports of the dead Sukhai and Ram Naresh prepared through Riaz Khan. S.I. Riaz Khan died before the evidence and the inquest reports and connected papers Ext.Ka 25 to Ext.Ka 36 were proved by Ram Narain Pandey (PW 14) and also got the inquest reports in respect of deceased Ram Dev and Girish prepared through PW 13 Sibte Haider S.I. (Exs.Ka 17, 18 and Ka.20 to 24) under his supervision and direction. He sent the dead bodies for post mortem examination to Faizabad through constables at about 12.15 P.M. on that very day i.e. 11.11.1994. Sudhakar Pandy I.O. (P.W. 10) took down the statements of Rama Kant Derma (PW1), Manik Lal Varma (PW7) and Munna Lal (PW 8). He inspected the place of occurrence at the instance of the witnesses of fact and prepared the map of the site (ExKa 6). He found the dead body of Sukhai on a Cot and found Kathri and Chadar and Razai thereon stained with the blood of the deceased and found blood stained on the wall and prepared its recovery memo (ExKa. 7) and sealed these articles with a material taken from the wall as well. Similarly, the dead body of Ram Naresh was on a cot with Angocha, Kathri, Chadar, another coloured chadar and one bush-shirt stained with blood. There were stains of blood on the wall and the memo (Ex Ka8) thereof was also prepared and articles with blood on walls were sealed separately. In the same manner, dead body of Ramdev was found on the Cot with kathri, chadar, banyan, gamchha stained with blood, and blood was found on the ground near the Cot. These articles were sealed and blood stained and sample earth was taken and sealed separately and memo (Ex.Ka9) was prepared by him. The bedding consisting of Kathri, Rajai and two chadars and Tehmad of deceased Girish were found on the cot which was also stained with blood. The dead body of Girish was found in a pit (gaddha) where his blood had also fallen down. Blood stained and sample earth were taken into possession and were sealed separately by the I.O. and memo of this and other articles was prepared (Ex.Ka 10). Then statements of witnesses were taken down. He arrested Kashiram, Raghava Ram and Ram Tilak on the same day. He was transferred from Tarun P.S. on 13.11.94. The investigation then was conducted by his successor Ashutosh Sharma (PW 11), who arrested Ram Milan and recorded the statements of remaining witnesses and then submitted charge sheet (Fa.Kal 5) against the six named persons. Post-mortem on the dead bodies was conducted by Dr. O. P .Khattri (PW-9). After investigation charge sheet was filed. As all the six persons alleged false implication, trial was held. Accused persons were examined by one head constable Nahar Singh of the CB CID Dog squad Head Quarter, Lucknow. Fourteen witnesses were examined to further the prosecution versions. Ramakant (PW1), Umakant (PW2), Daljeet Singh (PW 3), Hari Om (PW4), Amar Jeet Singh (PW5), Mithai Lal (PW 6) Manik Ram Varma (PW7) and Munna Lal (PW8) were stated to be eye witnesses. The trial court believed prosecution versions and disbelieved the defence plea and convicted and sentenced the accused persons as aforesaid. In appeal the High Court directed acquittal.

(3.) Learned counsel for the appellants submitted that the conclusions of the High Court are utterly fallacious and mostly based on surmises and conjectures. It has not even analysed the factual conclusions.