AMRIT LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All these appeals are directed against the judgment and order dated 9-2-1999 passed by Sri Satti Deen, the then Special Addl. Sessions Judge, Mirzapur in Sessions Trial No. 20 of 1996. In all, there are eight appellants, Amrit Lal, Kalloo alias Sukh Lal, Mittal Pasi and Hari Lal Mallah are the appellants in Criminal Appeal No. 355 of 1999. Ganga Pasi is appellant of Criminal Appeal No. 356 of 1999, Criminal Appeal No. 701 of 2000 has been preferred by Nanda Mallah, Pancham Mallah and Ram Ashrey Pasi. All of them excepting Hari Lal Mallah have been convicted under Section 302, I.P.C. read with Section 149, I.P.C. Four of them, namely, Nandu Mallah, Pancham Mallah, Ram Ashrey Pasi and Ganga Pasi have been sentenced to death. The remaining three, namely, Kalloo alias Sukh Lal, Amrit Lal and Mittal Pasi have been sentenced to life imprisonment under Section 302, I.P.C. read with Section 149, I.P.C. Nandu Mallah, Kalloo alias Sukh Lal, Pancham Mallah, Ganga Pasi, Ram Ashrey Pasi, Amrit Lal and Mittal Pasi have further been convicted under Section 148, I.P.C. and each of them sentenced to three years' rigorous imprisonment. All the seven accused as well as Hari Lal Mallah have also been convicted under Section 201, I.P.C. and each of them has been sentenced to rigorous imprisonment for seven years. All the substantive sentences have been ordered to run concurrently.

(2.) In this incident, two real brothers, namely, Raj Kumar and Ram Narain sons of Ram Garib PW 2 were murdered. The incident took place on 30-7-95 at about 9.30 a.m. at Nifaraghat of river Ganges within Police Station Vindhyachal, District Mirzapur. The report of the incident was lodged by Ram Garib PW 2 at the concerned Police Station on 30-7-95 at 11 a.m. The distance of the Police Station from the place of occurrence was about 19 kms. The case, as unfolded by F.I.R. may be narrated thus.

(3.) The deceased Raj Kumar and Ram Narain had taken contract for the lifting of sand of village Babhani and Nadani and they used to go there for realisation of charges in this behalf. Nandu Mallah, Pancham Mallah and Ganga Pasi also wanted to take the said contract and as they had not been able to succeed in this behalf, they were harbouring grudge against Raj Kumar and Ram Narain. On the fateful day at about 6 a.m. Ram Garib with Kanhaiya Lal had gone to the Ghat for realising the charges for sand lifting in consequence of the contract. At about 8 a.m. Raj Kumar and Ram Narain came to meet their father on motorcycle. When they were returning on the motorcycle at about 9.30 a.m. and reached the sand bed of Nifara, accused Ganga Pasi, Pancham Mallah and Nandu Mallah along with 4 or 5 others armed with Tangari, knives and country made pistols surrounded Ram Narain and Raj Kumar. Nandu Mallah and Pancham Mallah exhorted others to kill them. Ram Narain and Raj Kumar both shouted. Ram Garib, Kanhaiya Lal, Bindu Mallah and Mewa Lal rushed to them raising shouts, but the persons, aforesaid murdered Raj Kumar and Ram Narain both with knives and Tangari. They also threatened to kill Ram Garib, Kanhaiya Lal, Mindu Mallah and Mewa Lal if they dared to proceed ahead. Ram Garib ran towards village Nifara raising shouts but none came to the rescue. It was also mentioned by the informant in the F.I.R. that he could recognise the assailants other those named in the F.I.R. on coming face to face. The F.I.R. contains only this part of the prosecution story and rest has come to be revealed in the testimony of eye witnesses Mewa Lal PW 1 and Kanhaiya Lal PW 3 both of whom are named in the F.I.R. as the witnesses.