RAMASANKAR KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) As both the appeals arise from the same incident and common judgment, we have heard them together and they are being disposed of by this common judgment.

(2.) Both the above mentioned criminal appeals have been filed by the appellants Ramashankar Kushwaha, Mohan Gaur, Ravindra Prasad @ Doctor, Bacchan Gaur and Pappu @ Manoj Kumar Thakur against the judgment and order dtd. 27/8/2013 passed by the learned Additional Sessions Judge, Court No. 7, Deoria in S.T. No. 219 of 2010 ( State Vs. Mohan Gaur and others) whereby the appellants have been convicted and sentenced under Sec. 147, 328/149, 302/149, 201 and 118/149 I.P.C. Police station Bankata, Distrct Deoria.

(3.) As per the prosecution story, the first information report was lodged by one Shakul Gaur on 8/2/2010 at the police station Bhatni, District Deoria stating therein that his sister Indu Devi was married to Mohan Gaur son of late Baharan Gaur. Out of their wedlock, they had three sons namely Harikesh, Rakesh and Vikash and two daughters Sita and Shilpi. His brother-in-law had developed bad association and started taking liquor. He had purchased a tractor after selling his land but due to his bad habit of drinking, he had agreed to sell the tractor to one Bhola Singh for Rs.2,50,000.00. Out of the sale amount, he took rupees one lac as advance and had spent the money on his friends enjoying liquor. At this, the complainant's sister namely, Smt. Indu Devi asked Bhola Singh (the vendee of the tractor) to give the rest of money in her hands so that she could deposit the same in the bank. His brother-in -law ( Mohan Gaur) being annoyed with that had started harassing his sister. She had narrated her plight to the complainant and other family members. They tried to pacify the matter but Mohan Gaur paid no heed. On 7/2/2010, they came across a news in the newspaper that near Bankata railway station, six people were crushed over by a train and died. They suspected the dead bodies being of their sister and her children. The complainant along with other villagers then reached the railway station Bankata. The complaint's brother Ajay and Vijay went to the postmortem house and had identified the dead bodies as of their sister, nephews and nieces. They cremated the dead bodies in the village Bhaisahi. The house of the complainant's sister was found to be washed and cleaned. Near the railway line, the wheat crop was lying down. It was asserted that the deceased persons appeared to have been first murdered in their house in the night and then to give the whole incident the colour of suicide their dead bodies were thrown on the railway line by the accused Mohan Gaur (his brother-in-law) and his friends. Near the railway line, no blood was found. The complainant stated that he also came to know that upto 8.00 A.M. in the morning on 6/2/2010 accused Mohan Gaur was in his house and after that he had absconded.