DHARAMPAL Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in this appeal by the ten appellants namely Dharampal (A-1), Dhiraj (A-2), Subey Ram (A-3), Mahipal (A-4), Gopi (A-5), Kanahiya (A-6), Jasmal (A-7), Bijaipal (A-8), Jai Singh (A-9), and Daya Chand (A-10) are to the judgement and order of their conviction and sentence dated 19.9.83 rendered by Vth Additional Sessions Judge, Bulandshahar, in S.T.No. 264 of 1982, State versus Dharampal and others, relating to police station Dankaur, district Bulandshahar. Learned trial Judge has convicted appellants Dhiraj (A-2), Sube Ram (A-3), Mahipal (A-4) & Kanhaiya (A-6), u/s 302 /149 I.P.C. and has sentenced them to life imprisonment. Rest of the appellants Dharampal (A-1), Gopi (A-5), Jasmal (A-7), Bijaipal (A-8), Jai Singh (A-9), and Daya Chand (A-10) were convicted u/s 307/149 I.P.C. and were sentenced to 7 years R.I.

(2.) Eschewing unnecessary details and recapitulated briefly, prosecution allegations against the appellants as was penned down by the informant Raghuraj Singh, PW2 in his written FIR, Ext Ka-2, and later on deposed during the trial by the four fact witnesses, informant Raghuraj Singh, PW 2, injured Rajendra, PW 3, Jile Singh, PW4 and Harbal PW5, were that one Hari Singh, resident of village Silarpur, P.S. Dankaur district Bulandshahar, had four sons Kinkar Singh, Budha Singh (deceased), Rame and Ram Singh. Smt. Hoshiyari was the wife of Kinkar Singh, whereas Ram Dei was the wife of Budha Singh. After demise of Kinkar Singh, his widow Smt. Hoshiyari remarried with Budha Singh. From Hoshiyari Devi, Budha Singh had four sons Raghuraj Singh (Informant /PW2), Girraj Singh, Sardar and Kamali. They had two daughters also. From Smt. Ramdei, Budha Singh had five issues and they are Rajendra (Injured/ PW3), Jaipal, Chaman, and two sisters. Informant resided seperately from his father Budha Singh at a distance of 80-90 paces away and his house was adjacent to the house of appellant Gopi. Appellants Gopi (A-5), Bijaipal (A-8), Jasmal (A-7), Kanhaiya (A-6), and non-accused Jasmal were real sibling brothers being sons of Ratan Singh. Mahipal (A-4) and Dharampal (A-1) appellants are the sons of appellant Gopi. Appellants Jai Singh (A-9) and Daya Chand (A-10) were real sibling brothers being sons of Prem Singh. Ratan Singh and Prem Singh were cousins. Appellant Dhiraj (A-2) is the son of Nathu, whereas Sube Ram (A-3) is the son of Ambar Singh. Nathu Singh and Ambar Singh are the cousin brothers of Gopi Singh.

(3.) On the incident date 6.10.81 at 9 p.m., informant, PW2, his brother Chaman and Girraj, his sister Vimla, and children of informant's house and one Brahmpal, started on foot from their village to down town Dankaur to enjoy Ram Lila, a short play/skit, and had reached there at 10 p.m. The said play was organised near Dronacharya temple. Front rows had 250-300 chairs and back rows were of 10-15 benches and 400-500 people had collected to watch the play which had started at 11 p.m. After two or two and half hours accused Dhiraj (A-2), Mahipal (A-4) and Sube Ram (A-3) arrived to watch the play. Some of the ladies, who were watching the play sitting beside Vimla left the play and on that vacant place accused Dhiraj (A-2) and Mahipal (A-4) tried to sit, which was objected to by the informant but those accused did not pay any heed and a scuffle ensued there in which informant slapped both the accused. Thereafter prosecution side returned back to their houses. After some time on 7.10.1982 at about 2 a.m. some commotion emanated from the abode (Baithak) of the informant where informant's brother Rajendra (PW3), father Budha Singh (deceased) were sleeping. A lantern was also alighted there. Hearing the commotion informant, Jile Singh, Harbal, Raghubar, Harcharan, and Phirey reached at the Baithak, and witnessed that the deceased and injured Rajendra, PW3 were being assaulted by the accused appellants. (A-2, 3 & 4) wielded spear(ballam), (A-1 & 7) had boori (a sharp edged cutting weapon) and (A-5) had a Jeli (A sharp edged weapon) and rest of the accused (A-6, 8, 9 and 10) had clubs (lathis). When Harbal (injured) and Raghubar (injured) tried to rescue their father and brother they were also belaboured by spear and boori. After the assault all the accused retreated from the spot towards west. In the light of lantern and torch, all the witnesses had identified the accused. Underlying motive for launching the assault was the faux pas which had occurred in the play. Because of night terrified witnesses could not muster courage to proceed for Dankaur and only next day at 8 a.m. they started for it and reached Dankaur hospital. Doctor O.P.Verma, PW7, had examined all the injured from 9 a.m to 10.15 a.m. and had prepared their medical examination reports vide Exts Ka-5 to Ka-9, which are reproduced herein below:-