SHRI KRISHNA MASTER Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. 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 34 I. P. C. Each of them has been further sentenced to a fine of Rs. 10,000/- 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, P. W. 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.) JHABBU Lal P. W. 1 got the F. I. R. Ka-1 scribed from Radhey Shyam and lodged the same at the police station Kayamganj in the same night at 3. 30 a. m. On the basis of written report, Chick FIR Ex. Ka 2 was prepared and the case was registered in the general diary of the police station whose copy is Ex. Ka-3. Investigation was entrusted to Gajraj Singh. He recorded the statement of witnesses and visited the scene of occurrence. He found dead bodies of Gulzari, Ramwati and Rakesh over cots inside the house of Gulzari. He collected samples of blood stained strings of the cot. Dead body of Babu Ram was also found on a cot. Sample of blood were also collected. He further collected one 315 bullet which was found lying on the ground near the dead body of Rakesh. One bullet 315 bore was also found near the cot over which Dharmendra and Umesh were sleeping. He also prepared site plan Ex. Ka.-14. Inquest were also held on the four dead bodies and they were sent for post-mortem examination with necessary papers. Constable Sudhir Singh P. W. 5 escorted the dead bodies to mortuary.