SARIA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE present appeal has been filed on behalf of accused Saria who has been convicted to death sentence under Section 302 read with section 149 IPC alongwith a fine of Rs.2000/-. Besides, conviction under section 147, 148, 452 and 307 read with section 149 IPC by the judgment and order dated 9.7.2009 passed by the learned Additional Sessions Judge, Court no. 2, Mahoba.

(2.) BRIEF facts giving rise to the present case are that Jagdish on 25.12.2000 at 6:00 p.m. came to the house of informant and informed him that he has been called upon by his brother Shiv Pal. The informant thereupon followed him for the house of Shiv Pal who was at a distance of about one and half furlong from the informant's house. As soon as they reached near the garden of Pastorji the informant found accused Saria, Jagdish, Deo Karan and Hari Ram armed with guns and Parma armed with an axe fired at him with intention to kill. Upon such firing the informant ran away in his village. Then all these accused with a common object and armed with the above mentioned deadly weapons reached the house of his brother Shiv Pal and due to old enmity they got opened the door and fired at Shiv Pal, his wife Smt. Uma and his mother-in-law Smt. Gomti and also caused injuries by the axe. The incident was witnessed by all the children of Shiv Pal and nearby people. Thereafter accused went on firing in air. Out of fear neither the informant nor any villager came out and hence no FIR could be lodged at the police station during night and hence on the next day the information was lodged by the informant at the police station.

(3.) THE prosecution examined in all nine witnesses. PW 1 Achchey Lal is the informant. He has submitted in his evidence that Jhakhar came to him telling that his brother Shiv Pal was calling him, whereupon he accompanied Jhakhar. On the way when he reached near the garden of Pastor he saw accused Saria, Jagdish, Hari Ram and Dev Karan armed with guns and Parma with an axe present. They inflicted torchlight upon him, whereupon the informant also inflicted torchlight on them. Then with intention to kill him accused persons fired at him whereupon the informant ran away towards his home and the firing could not hit him. The accused followed him for some distance and thereafter they went to the house of Shiv Pal and murdered Shiv Pal, Smt. Uma and Smt. Gomti by the gun shot wounds and axe injuries. The people of the nearby houses had seen the incident alongwith children of Shiv Pal. The accused came out from the house after murder. They abused and continued firing. On account of the terror none of the locality came out. The witness further submitted that due to firing and terror he did not go to the police station for lodging FIR in night.