KRISHNA MASTER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the three above- named appellants are real brothers being sons of Nanhey Lal. They have been convicted and sentenced to death under Section 302 read with S. 34, I.P.C. Each of them has been further sentenced to a fine of Rs.10,000.00 and in default of payment of fine to undergo two years' R.I. by the judgment and order dated 22-2-2001 passed by the Special Judge (E.C. Act), Farrukhabad in Sessions Trial No. 17 of 1992.

(2.) The prosecution story, in brief, was that about 10-15 days before the occurrence in question Sontara daughter of accused- appellant Shri Krishna had eloped with Amar Singh son of Jhabbu Lal, PW-1. On account of this appellant became inimical to Jhabbu Lal and his neighbour Gulzari. Shri Krishna put a pressure upon Jhabbu Lal and told him that his daughter should be given back to him before Sunday else no members of his family would be left alive. On this Jhabbu Lal made a search of his son Amar Singh and Sontara but they were not found. It is further alleged that in the past also about one year ago Sontara had run away with Amar Singh but at that time they had come back after 3-4 days. On that occasion also accused persons were in search of an opportunity to take revenge from Amar Singh but he was saved on information given by Ramwati wife of Gulzari. In the noon of 10-8-1991 Ram Sewak while sitting on his Chabutra had openly declared that if Sontara did not come back by the evening no one would be spared. Sontara did not come back.

(3.) Further case of the prosecution is that in the midnight of 10/11-8-1991 at about 12 appellants Sri Krishna Master with a Pauniya gun (short gun), Ram Sewak and Kishori Lal with country -made pistols made entry into the house of Gulzari Lal by scaling from the southern wall of the house and committed the murders of Gulzari, his wife Smt. Ramwati and son Rakesh aged about 15 years and caused injuries to Umesh Chandra aged about 11 years and Dharmendra aged about 8 years both sons of Gulzari. Seeing the commission of these ghastly murders Jhabbu Lal, PW-1 and his wife Smt. Leelawati ran out of their house and entered into the house of Khem Karan. After committing murders inside the house of Gulzari, accused persons in search of Jhabbu Lal went to his house but he was not found there. In the meantime, Babu Ram brother of Jhabbu Lal out of fear entered into his shop. Accused persons pulled him out of the shop and committed his murder also with fire-arms. Accused persons then fired two more shots while leaving the village and ran away in the south.