KISHAN PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above noted two appeals arise out of the same judgment and order dated 20-4-2000 passed by Sri H.S. Yadav, Addl. Sessions Judge, Etah thereby convicting the appellants Kishan Pal, Ajant Singh and Mahavir of the offence punishable under S. 302 read with S. 149 I.P.C. and imposing death penalty to them and to pay a fine Rs. 1,000.00 each. The appellant Shahzadey was also convicted under S. 302 read with S. 149 I.P.C. and was sentenced to undergo imprisonment for life. All the four appellants were further held guilty for the offence punishable under S.364 I.P.C. and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500.00 each. All the four appellants were further held guilty of the offence punishable under S. 201 I.P.C. and were sentenced to undergo R.I. for a period of five years. All the four appellants were further held guilty of the offence punishable under S. 452 I.P.C. and were sentenced to undergo R.I. for a period two years each and to pay a fine of Rs.100.00 each. All the sentences were made to run concurrently. It was directed that the appellants Kishan Pal, Ajant Singh and Mahavir be hanged by neck till they are dead and accordingly a reference on that count was made to the High Court for confirmation of the death sentence recorded against them. Since the above noted two criminal appeals and reference arise out of the same judgment and order, they are being disposed of by this common judgment.

(2.) Brief facts leading to the prosecution of the appellants are as follows :

(3.) On 22-12-1996, at about 9.00 A.M. some of the inmates of the house of Raghuvir Singh of village Shahwazpur, police station Jaithra, District Etah were slaughtered and some were kidnapped with intention to murder them. One Dindayal of nearby village Rupdhani (brother of village Chaukidar) lodged First Information Report on the same day at 14-O' clock at police station Jaithra, District Etah, disclosing that he came to know today that Smt. Mata Devi, Kuldeep, Babloo and Smt.Savitri, all from the family of Raghuvir Singh of village Shahwazpur have been murdered by Kishanpal, Ajant Singh, Shahzadey and Mahavir of the same village and 2-3 other unknown assailants with guns and country made pistols at about 9.00 A.M. and Milap Singh son of Raghuvir Singh has been kidnapped on gun-point towards the river. The occurrence was witnessed by Ram Swarup of the same village and Shripal of village Rupdhani. On coming to know about the miscreants he went to village Shahwazpur and found that dead-body of Smt. Mata Devi was lying near the main gate, dead-body of Smt. Savitri was lying in the door, dead-body of Babloo was lying in a corner of a room of the house of Raghuvir Singh, while the dead-body of Kuldeep, besmeared with blood, was lying infornt of the room of Malkhan. He also disclosed that 6-7 days prior to this occurrence,Kalactar and others committed murder of Nahar Singh, brother of accused persons, in the jungle of village Timannura within police station Kuraoli, district Manipuri and in the revenge thereof, accused poerson have committed these murders.