RISHI PAL Vs. STATE OF U P

JUDGEMENT

(1.) These criminal appeals arise out of a judgment and order dated 17.10.2006, passed by the Special Judge (E.C. Act)/Additional Session Judge, Badaun in S.T. No. 962 of 1996, State v. Rishipal and Ors., convicting and sentencing the Appellants Rishi Pal, Karu alias Surendra and Harnandan to undergo three months RI under Section 147 IPC. The Appellants Rishi Pal and Karu alias Surendra have also been convicted to six months RI under Section 148 IPC. The three Appellants Rishi Pal, Karu alias Surendra and Harnandan have further been convicted to imprisonment for life under Section 302 read with Section 149 IPC, together with a fine of Rs. 5000 each. In default of payment of fine they have further to undergo three months imprisonment. All the sentences were to run concurrently.

(2.) When the case was called out in the revised list, as the Appellants counsel Sri Ratnesh Nandan Singh, who represented the Appellant Karu alias Surendra in Criminal Appeal No. 7733 of 2006 and Appellant Harnandan in Criminal Appeal No. 6537 of 2006, and Sri Prem Prakash Yadav and Km. Akansha who represented the Appellant Rishi Pal in Criminal Appeal No. 7320 of 2006, chose not to appear, hence this Court proceeded to hear the learned AGA and to peruse the judgment and record of the trial Court and to decide the appeal in terms of the directions given in the case of Bani Singh v. State of U.P., 1996 AIR(SC) 2439.

(3.) The prosecution case as set out in the FIR, lodged by the informant Gajveer on 27.10.1993 at 10.10 p.m. at Police Station Binawar, district Budaun was that he alongwith his brother Naresh Pal had gone to Kishni Jatav's house, where they called out to Kishni's wife to come to their field the next morning for harvesting their paddy. At that time, the Appellant Rishi Pal carrying a 'Gandasa' and the accused Munendra who was also armed with a 'Gandasa,' Guddu, and Karu, who were armed with knives and Harnandan who was armed with a Lathi emerged at that spot and caught hold of Naresh Pal and took him inside Kishni's house. On the cry of the informant Gajveer, Phoolwati the wife of Kishni came out of the house in fear and went away. On the cries of this witness, Satendra and Bhalrey and others arrived at the spot and saw the Appellants and co-accused in the light of torches assaulting the deceased with their respective weapons. On the alarm, the assailants came out of the house and ran away towards the south of the village. Munendra absconded and Guddu was murdered during the trial, hence the aforesaid two persons are not parties in these connected appeals.