ALAM SINGH ALIAS VIJAY PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 30.10.2009 rendered by Addl District and Sessions Judge/Special Judge Jaunpur in Sessions Trial No 340 of 1998 (State of U.P v Gajraj Singh and others) whereby appellant Alam Singh alias Vijay Pratap Singh, has been convicted under section 302/149 IPC and again under section 307/149 and again under section 148 IPC IPC and in ultimate analysis, the appellant has been visited with the penalties of death and imprisonment for life and two years' R.I. with default stipulation of Rs 50,000/-, Rs 25000/- and Rs. 5000/- respectively.

(2.) FILTERING out unnecessary details, the facts of the case are that on 24.1.1996 at about 5.30 pm, deceased Raj Kumar Singh and the informant namely, Manoj Kumar Singh (PW 2) were busy conversing with each other near a tea stall situated on Bhadohi- Jaunpur Road in Jamalpur Bazar in the district of Jaunpur. After a short-while, they were joined by Kailash Dubey of village Dhorhara and Bankey Lal Tiwari of village Kumbhpur. While all of them were busy discussing topic of election, a white Maruti Van coming from Madiyayee screeched to a halt at some distance from the place where these people were standing and out of the said Maruti Van alighted accused Gajraj Singh and his son Alam Singh who were, it is stated, armed with rifle and that immediately, accused Gajraj Singh exhorted his son to do away with these people and as a sequel to exhortation, it is alleged, Alam Singh fired aiming at Raj Kumar which hit the informant and his brother Raj Kumar. Thereafter, 4-5 other accused persons alighted from the said Maruti Van and started firing indiscriminately in which Bankey Lal Tiwari sustained fire arm injuries who immediately fell down and succumbed to injuries instantaneously. The other people present there namely, Ram Asrey Singh, Indrajeet Singh, Samar Rajbhar, Renu, Dhirendra Tiwari etc also sustained fire arm injuries. In the meanwhile, it is mentioned, the condition of Raj Kumar and Kailash Dubey became critical and the two seriously injured persons with one Shiv Ram Singh were immediately rushed on a vehicle to Jaunpur. At district hospital, it is further mentioned, the Doctor declared the two persons brought dead. It is mentioned that the incident was witnessed by the informant, his brother Shiv Ram Singh, Dinesh Singh, Indra Jeet Singh Lalta Dubey Keshav Mishra etc and other persons present in the market. The informant also cited motive of the crime to be the animosity and consequent hostility on account of the last election of Block Pramukh. The informant also mentioned that the other persons who were unknown to him and the witnesses present on the spot could be recognised if they were paraded before them. The report was registered at case crime No 70 of 1996 under section 147, 148, 149, 302, 307/34 IPC naming Gajraj Singh Alam Singh and 4-5 unknown persons. The inquest was conducted on 24.1.96 at 10.30 am. The post mortem examination on the bodies of deceased Kailash Dubey, Bankey Lal Tiwari and Raj Kumar was conducted on 25.1.96 in the district hospital.

(3.) THE accused denied to have committed any crime alleging that he and his father had been falsely nominated in the case on account of election rivalries and resultant hostility and animosity with the deceased and his family. It is further stated that the crime was committed by unknown persons but subsequently, when the unknown persons could not be identified, the police embroidered the entire theory and concocted the entire case and obtained the written report on dotted lines setting out all incorrect details. It is further stated that the crime was committed by firing from AK 47 and this weapon has not been found to be in their possession nor such weapon has been recovered. It is further mentioned that his father Gajraj Singh was already incarcerated in prison in Pratapgarh jail and therefore, he was falsely set up to be present on the spot. It is further mentioned that at the time of incident, SO PS Rampur was present near the place of incident but he has been obliterated from the entire scenario and is not shown to have chased the culprits nor he is said to have relayed any information to higher authorities. He also stated that all the witnesses who were by the prosecution witnesses as witnesses of fact were the partisan witnesses being the own members of the family of the deceased. His defence furrther was that he had no enmity with Raj Kumar and there was no question of opening fire at Raj Kumar. Lastly, he stated that he was falsely nominated in the case. The accused Rajendra Dubey also abjured the guilt stating that he has been falsely nominated in the case and that the witnesses have falsely deposed against him on account of enmity and also under duress exerted by the police. He also stated that his uncle was murdered by Kailash Dubey and it was for this reason that he was nominated in the case.