STATE; BAHADUR Vs. BAHADUR

JUDGEMENT

(1.) FOR committing a carnage wherein twenty-one persons were killed and a large number of houses were set on fire eleven persons, namely, Chandrika, Mahabir, Puttu, Bahadur, Ram Pal, Chhatrapal, Dayal, Jagganath, Kallu, Ram Prasad and Mahesh were tried by the Additional Sessions Judge, Sitapur. Chandrika, Mahabir and Puttu died during the pendency of the trial. The remaining eight others, namely, Bahadur, Ram Pal, Chhatrapal, Dayal, Jagganath, Kallu, Ram Prasad and Mahesh were found guilty by the learned trial Judge for various offences.

(2.) CRIMINAL Appeal No. 830 of 2001 has been preferred by Bahadur and Ram Pal and CRIMINAL Appeal No. 943 of 2001 by Chhatrapal, Dayal, Jagannath, Kallu, Ram Prasad and Mahesh. The aforesaid appeals have been directed by the said persons against the judgment and order dated 25-8-2001, passed by Addl. Sessions Judge, Sitapur, in Sessions Trial No. 79 of 1985, whereby they have been convicted and sentenced in the manner stated hereinafter: Dayal Jagganath Chhatrapal; under Section 147 IPC to one year's R. I. each. Bahadur, Ram Pal, Kallu, Ram Prasad and Mahesh; under Section 148 IPC to two years' R. I. each. Chhatrapal, Kallu, Jagannath, Dayal, Ram Prasad and Mahesh; under Sections 302 IPC read with Section 149 IPC. 436 IPC read with 149 IPC, 440 IPC read with 149 IPC and 307 IPC read with 149 IPC to imprisonment of life under the first count, to 10 years R. I. and to pay a fine of Rs. 2,000 in default to undergo one year's S. I under the second count, to three years R. I. and a fine of Rs. 1,000 in default to under go one year's S. I. under the third count and to ten years' R. I. and to pay a fine of Rs. 2,000 in default to undergo one year's S. I. under the fourth count. Ram Pal, Bahadur, Chhatrapal, Dayal and Ram Prasad; under Section 452 IPC to five years' RI. and to pay a fine of Rs. 2,000, in default to undergo one year's S. I. Bahadur and Ram Pal; under Section 436 IPC read with 149 IPC, 440 IPC read with 149 IPC and 307 IPC read with 149 IPC to ten years' R. I. and to pay a fine of Rs. 2,000 in default to under go one year's S. I. under the first count, to three years' R. I. and to pay a fine of Rs. 1,000, in default one year's S. I. under the second count, and to ten years' R. I. and to pay a fine of Rs. 2,000, in default to undergo one year's S. I. under the third count. Bahadur; under Section 302 IPC to sentence of death. Ram Pal; under Section 302 IPC read with 149 IPC to sentence of death. Capital Sentence No. 4 of 2001 arises from the reference made by the learned trial Judge under Section 366 IPC for confirmation of death sentences of Bahadur and Ram Pal.

(3.) THE evidence of the informant Ram Lal shows that after the incident, he got the FIR scribed by Lekhai P. W. 7, who after scribing it read it over to him and thereafter he affixed his thumb impression on it. THEreafter, he proceeded to police station Sidhauli, to lodge it.