STATE OF UTTAR PRADESH Vs. NAHAR SINGH DEAD

JUDGEMENT

(1.) These four appeals arise from the common judgment of the Division Bench of the Allahabad High Court dated October 3, 1985, in four Criminal Appeals (Nos. 1846 of 1984, 1830 of 1984, 2870 and 2871 of 1984) and Referred Case No. 5 of 1984. The Allahabad High Court allowed Criminal Appeal No. 1846 of 1984 filed by Nahar Singh (A-1) and Criminal Appeal No. 1830 of 1984 filed by Shishupal Singh and Ram Gopal, A-2 and A-6 respectively; dismissed Criminal Appeal No. 2870 of 1984 filed by the State of Uttar Pradesh against the acquittal of Liyaqat Ali (A-3), Rakshpal Singh (A-4), Durgpal Singh (A-5), Bhagat Singh (A-7), Hari Shankar Singh (A-8) and Criminal Appeal No. 2871 of 1984 against the acquittal of Brinjendra Pal Singh and Satendra Pal Singh. The abovesaid eight persons (A-1 to A-8) and Brijendra Pal Singh and Satendra Pal Singh were tried by the learned IIIrd Additional District and Sessions Judge, Etah in Sessions Trial No. 43 of 1981 and Sessions Trial No. 144 of 1981, respectively, clubbing those two cases together, for various offences punishable under different provisions of Indian Penal Code indicated below.

(2.) By judgment dated 3rd July, 1984, the learned Sessions Judge found Nahar Singh (A-1) guilty of offences punishable under Sections 148, 302 (simpliciter), 449 and 201, IPC, sentenced him to death under Section 302, IPC, subject to confirmation by the High Court; sentenced him to undergo two years' rigorous imprisonment under Section 148, IPC, seven years' rigorous imprisonment under Section 449, IPC and four years' rigorous imprisonment under Section 201, IPC. Shishupal Singh (A-2) and Ram Gopal (A-6) were found guilty of offences under Sections 148, 302/149, 449 and 201, IPC and were sentenced to undergo imprisonment for life under Section 302/149, IPC, two years' rigorous imprisonment under Section 148, IPC, seven years under Section 449, IPC and five years' rigorous imprisonment under Section 201, IPC. The sentences of impri-sonment were directed to run concurrently. The other accused persons, namely, Liyaqat Ali, Rakshpal Singh, Durgpal Singh, Bhagat Singh, Hari Shankar, Brijendra Pal Singh and Satendra Pal Singh, were held not guilty of offences punishable under Sections 147, 148, 302/149, 449 and 201, IPC and they were accordingly acquitted of all the charges levelled against them.

(3.) The events leading to the ghastly murders on the fateful day, October 4, 1980, had their genesis in the murder of Kunwar Pal Singh, father of Nahar Singh in 1978, in respect of which he gave a complaint against Ram Gopal, Vijay Pal, Shyam and Bhupinder Singh. Thereafter, there have been murders allegedly by the members of the rival groups. In the instant case, the case set up by the prosecution is that on that day at about 6.30 p.m., Ram Gopal, his son, Satendra Pal Singh (PW 1) and his brother Krishan Gopal (PW 2) were sitting at the Baithak of his house in village Patna and were talking to Saheb Singh, resident of Nagla Madhupur (father-in-law of his son, Jitendra Singh), when Nahar Singh, Shishupal Singh, Ram Gopal (another person of the same name) [all residents of village Patna], Bhagat Singh, resident of village Lakhnai, Hari Shankar (brother of Nahar Singh), Liyaqat Ali, Durgpal Singh, Rakshpal Singh, Bhagat Singh, Vijendra Pal Singh, Hari Shankar and Satendra Pal Singh accompanied by seven or eight unknown persons arrived there armed with guns, pistols, spears and lathis and caught hold of Ram Gopal who was shot dead by Nahar Singh. Some of them then present uttered that Vijay Pal Singh and Manpal were at their houses. They then proceeded to the house of Vijay Pal Singh where Nahar Singh fired at Manpal causing his instantaneous death. On seeing this, Vijay Pal Singh rushed to a room inside the house, bolted the door from inside but they followed him, broke open the door with the help of axe and then Nahar Singh fired at Vijay Pal Singh who died then and there. They dragged the dead bodies of Manpal and Vijay Pal Singh to the house of Ram Gopal where Nahar Singh again fired at the dead body of Ram Gopal. Then, all the three dead bodies were dragged to the open land lying behind the Junior High School, put them on the heap of dung cakes and lit fire to them. They kept a watch on the road near Junior High School up to 5 a.m. On early morning of 5th October, 1980, PW-1 went to the police station along with the written report already prepared at his house in the night at about 2 a.m. and handed over the same (Exh. Ka-1) in the police station to the Head Constable, Pyare Lal, at 7.00 a.m., who prepared check report (Exh. Ka-12) and registered the case in the general diary (Exh. Ka-13). Rajender Singh Asthana, Sub-Inspector (PW-16) took up the investigation. He found three half burnt dead bodies on the vacant land behind the Junior High School, Patna. He prepared inquest report and sent the dead bodies for post-mortem examination through Constable Gajender Pal and Rajender Pal. Thereafter, he recorded the statements of PWs. 1, 2, 3 and 5 (eye-witnesses), proceeded to the house of the deceased-Ram Gopal, prepared recovery memo of empty cartridges and collected the blood-stained earth and plain earth which was found in front of his house. He then went to the houses of Vijay Pal and Manpal, the victims. He noticed the marks of dragging of the dead bodies from their houses to the Junior High School where the bodies were kept on the heap of dung cakes and burnt. He also found blood at two places in front of the house of Vijay Pal and also inside the house and collected the blood-stained earth and plain earth and prepared recovery memo. He found ten pellets and two wads inside one of the rooms of the house of Vijay Pal, where he was murdered.