STATE Vs. RAMESH

JUDGEMENT

(1.) These three criminal appeals have been filed by the State against the judgment of acquittal dated 23-7-1980 passed by Sri Manphool Singh, the then II addl. Sessions Judge. Bulandshahr in S.T. 294, 385 and 398 OF 1979 which were tried together. These three appeals are being decided by this common judgment, treating Criminal Appeal No.2418 of 1980 as leading appeal. All the seven accused opposite parties were accused in one or the other sessions trial numbered above. They are 1. Ramesh. 2. Yad Ram, 3. Om Prakash son of Yad Ram, 4. Manvir son of Yad Ram, 5. Brahm Deo alias Brahmjit, 6. Soran Lal and 7. Om Prakash son of Shankar. They were tried for the offences under Sec.147, 148 and 302 I.P.C. read with Sec.149 I.P.C. All of them have been acquitted by the impugned judgment. Aggrieved, the State has preferred these three appeals.

(2.) The relevant facts may be taken note of. The case against the accused opposite parties Ramesh and Om Prakash son of Shankar was based on their identification while the rest were nominated in the second report of the incident. Ramesh and Om Prakash son of Shankar had allegedly been hired by other accused opposite parties for the commission of this crime. Accused opposite parties Om Prakash and Manvir are the sons of accused opposite party Yad Ram. The accused opposite party Braham Deo alias Brahmjit is the nephew of Yad Ram and accused opposite party Soran is the cousin of Yad Ram. Kalawati and her daughter Kanti were shot dead in the incident which took place in between the night of 17/18-1-1977 at about 11 P.M. in their kotha situate in village Sabit Garh. Police Station Pahasu, District Bulandshahr where they were sleeping along with Praveen Kumar PW 1, a boy aged about 12 or 14 years (son of Kanti). The motive was said to be greed or lust for about 40 bighas of land which originally belonged to Kanchhi Prasad-real brother of accused opposite party Yad Ram. He had died on 9-4-1976 leaving behind his widowed wife deceased Kalawati and daughter deceased Kanti Praveen Kumar PW1 was the sole male child of Kanti Devi. On the death of Kanchhi Prasad, his 40 bighas of land came to be inherited by his widow Kalawati. She had executed a will on 26-12-1976 in favour of Praveen Kumar who was her maternal grandson and was also her adopted son. Yad Ram and his other family members who were close collaterals of Kalawati had an evil eye on 40 bighas holding of Kanchhi Prasad and they were bent upon to usurp the said land resorting to dubious tactics. In order to safeguard the interest of Praveen Kumar PW 1 in respect of the said land in whose favour she executed unregistered will dated 26-12-1976, she wanted to get the will registered. Shanker PW 3 had been employed as a domestic servant by Kalawati and he was sent to fetch Veer Pal PW 2 and Rampal from their native village to stand as witnesses to the will which was desired to be registered. These two attesting witnesses were distantly related also to Kalawati and they had come to the village Sabit Garh in the evening of 17-1-1977. Yad Ram and his family members did not relish the idea of Kalawati of executing a registered will in the name of Praveen Kumar PW1.

(3.) In order to frustrate the attempts of Kalawati to make a testamentary disposition of her land in favour of Praveen Kumar PW1 with a view to usurp the land of Kanchhi Prasad to which Kalawati had succeeded after his death, Yad Ram and others hatched a conspiracy to liquidate Kalawati and her daughter Kanti Devi, hiring accused opposite parties Ramesh and Om Prakash son of Shankar who were outsiders. They allegedly formed an unlawful assembly. Accused opposite parties Om Prakash, Manvir (both sons of Yad Ram) and Brahmdeo alias Brahmjit had country made pistols while the outsiders Ramesh and Om Prakash son of Shankar had guns. Yad Ram and Soran accused opposite parties extended help to the abovenamed five assailants while they were scaling down the wall of the house of deceased ladies after performing the job of their murder.