STATE Vs. RAMESH AND A

JUDGEMENT

(1.) SEVEN persons, namely, Ramesh, Jagdish, Puttilal, Ramrikh, Suraj Prasad, Ravindra Singh and, Vishwaraj Singh were charged by the Additional Sessions Judge/special Judge, under the Essential Commodities Act, Hardoi for offences punishable under section 148 I. P. C. , section 302 read with section 149 I. P. C, section 307 read with section 149 I. P. C. and section 404 I. P. C. The learned Judge found all of them guilty for offences punishable under section 148 I. P. C, section 302/149 I. P. C. and section 307/149 I. P. C. In addition, he found Ravindra Singh guilty for the offence punishable under section 404 I. P. C. The learned Judge sentenced Ramesh and Jagdish to death under section 302/149 I. P. C. and the remaining five persons to imprisonment for life under the said section. He sentenced all seven of them to undergo 7 years' R. I. for the offence punishable under section 307 read with section 149 I. P. C. and 2 years' R. I. for the offence punishable under section 148 I. P. C. He also sentenced Ravindra Singh to undergo 2 years' R. I. for the offence punishable under section 404 I. P. C. He directed that the sentences of the said persons on all the counts shall run concurrently.

(2.) CAPITAL Sentence Reference No. 3 4 of 2001 arises from the statutory reference made by the Trial Judge under section 366 Cr. P. C. for confirmation of death sentences of Ramesh and Jagdish.

(3.) THE prosecution case, in short, is as under: THE informant Smt. Reshma (PW 1) is the daughter of the deceased Babu, in 1981 appellant Ramesh and his brother Naresh, who died prior to the commencement of the trial, fired on the deceased Babu and were sentenced to 7 years' R. I. for the same. THE remaining six appellants and one Patte alias Vishambhar Nath, who, was not put up for trial for reasons which are not manifest from evidence on record, are the associates of Ramesh and Naresh. Ever since Ramesh and Naresh had been convicted for firing upon Babu, they and the remaining persons started nursing a grudge against Babu. On 25. 9. 90 at about 7. 00 A. M. Babu was sitting alongwith Abid (PVV 10) on a cot behind the back of his house situated in Village Newada Loch within the limits of Police Station Beniganj, District Hardoi. Both of them were peeling corn at that time. Babu had a single barrel licensed gun and a cartridge belt containing seven, cartridges alongwith him. At that juncture, the informant was sitting at the front door of the house. At that time, appellants Ramesh, Jagdish and accused Naresh armed with hand grenades, appellants Putti Lal, Vishwaraj Singh and Ravindra Singh armed with guns, appellants Suraj Prasad, Ramrikh and accused Patte alias Vishambhar Nath armed with country made pistols came there. Appellants Ramesh, Jagdish and accused Naresh hurled hand grenades on the person of Babu as a consequence of which Babu's head and neck were fatally injured and Abid also sustained injuries. In the meantime, Ravindra Singh picked up the single barrel gun and the belt of cartridges of Babu. Apart from the informant Smt. Reshma, this incident was seen by Idris (PW2), the nephew of the deceased and co-villagers Kallu and Bhelu. Hearing the sound of bursting of hand grenade a number, of persons rushed from the village. THEn, those appellants who were armed with guns and country made pistols and accused Patte alias Vishambhar Nath who was armed with country made pistol fired three to four rounds in the air with a view to scare away those who had assembled. After the appellants and others had run away, the informant Smt. Reshma got the F. I. R. scribed by Idris. THEreafter, Idris read over the same to her and she signed it. THEreafter, Reshma proceeded with the F. I. R. to Police Station Beniganj.