SATTAN ALIAS SATYENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants Sattan alias Satyendra, Upendra alias Guddu, Haripal son of Kiran Singh and Haripal son of Ram Charan have been convicted and sentenced to 2 years R.I. each under S. 148 I.P.C. and to ten years R.I. under S. 307 read with S. 149 I.P.C. Both the sentences have been ordered to run concurrently. They have been sentenced to death under S. 302 read with S. 149 I.P.C. Appellants of Criminal Appeal No. 2237 of 1999 Kripal, Brij Pal, Ram Pal and Devendra have been convicted and sentenced to life imprisonment under S. 120-B I.P.C.

(2.) Along with Sattan, Upendra, Haripal son of Kiran Singh and Haripal son of Ram Charan, appellants in criminal appeal No. 2140 of 1999, accused Mukesh Dhirendra alias Dheeraj, Rakesh, Naresh and Pappu alias Amarjeet were also tried and charges under S. 148, 307/149 and 302/149 were framed against them also. Out of them accused Pappu alias Amarjeet and Naresh died during the pendency of trial while accused Mukesh, Rakesh and Dhirendra aliasDheeraj absconded hence their trial was separated. Accused Rajveer of second set, who was charged along with appellant Kripal and others under S. 120-B I.P.C. also died during the pendency of trial.

(3.) By means of the above mentioned appeals the appellants have challenged the judgment and order dated 15-8-1999 passed by Shri Shiv Charan, the then I Addl. Sessions Judge, Ghaziabad in Session Trial Nos. 375 of 96 and 376 of 96. The learned Sessions Judges, Ghaziabad has also made a reference to this Court for confirmation of death sentence of appellants of criminal Appeal No. 2140 of 1999.In a gruesome and horrendous incident occurring in the night between August 30 and 31, 1994 at about 12.30 in the house of Sheo Pal Singh in village Saloni within the area of police station Bahadur Garh, Ghaziabad, five persons of Sheo Pal's family were gunned down and four others injured, out of whom Neetu also succumbed to his injuries later on. This massacre was reported at the police station on the same night at 2.55 a.m. by one of the survivors, Smt. Bala P.W. 1, widow of deceased Shiv Singh. With the registration of case police came into action and the Investigating Officer promptly rushed to the place of occurrence and recorded the statements of Smt. Bala, Neetu and Km. Guddi who all had received injuries in the course of ghastly incident. Inquest proceedings were held in respect of dead bodies of five persons, namely, Sheo Pal Singh, Smt. Kunti Devi, Shiv Singh Manjeet and Khushal who were reported to have been shot dead by the assailants while asleep inside their house. Their dead bodies were sent for post mortem examination. The Investigating Officer Shri Ram Babu Tiwari, P.W. 9 also prepared site plan, Ex. Ka 48 after making spot inspection of the place of occurrence. Injured Neetu was sent for medical examination. Under the order of the Investigating Officer S.I. Shri D.K. Sharma collected samples of blood through memo Ex. Ka-26 from near the dead body of Kunti Devi. Similarly samples of blood were collected from near the dead bodies of other deceased persons through memos Ex. Ka-27 to Ex. Ka-30. The bed sheet lying on the cot of deceased Shiv Singh was also taken into possession through memo Ex. Ka.3. the electric bulbs which are alleged to be giving light at the time of incident were also inspected and memo Ex. Ka-32 was prepared. The Kurti of injured Guddi which was stained with blood and had pellet marks was taken into possession through memo Ex. Ka-33. The pieces of blood stained bandh of cot of deceased Manjeet and Khushal were also taken into possession through memo Ex. Ka-34. The Investigating Officer also found empty cartridges, bullet and wads at the scene of occurrence. They were also taken into police custody through Ex. Ka-35. He also interrogated Madhu and Rikku and other villagers. A raid was made on the houses of accused Mukesh, Sattan and Guddu but they were not found. During investigation complicity of appellants - second set also came to light that they had hatched conspiracy for the commission of the crime in question. Some of the accused persons were arrested while others surrendered in Court and after completion of investigation charge sheet was prepared against all the accused persons who had been either arrested by him or had surrendered in Court and also against Upendra alias Guddu, Pappu, Dheeraj and Devendra who were then still absconding. Later on accused Pappu alias Amarjeet and Rajveer were also arrested. It was also revealed that accused Upendra alias Guddu was in jail after having been arrested in a case under Gangster Act. Similarly accused Dheeraj was in jail in connection with case crime No. 628 of 1993 under S. 307 I.P.C.