DEVENDRA PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Forty-seven accused persons, namely, Gyan Giri, Subhash Chandra, Lakhan Singh, Nazim Khan, Harpal Singh, Rajendra Singh, Narayan Das, Krishnveer, Karan Singh, Rakesh Singh, Nem Chandra, Shamsher Ahmed, Satyendra Singh, Badan Singh, Devendra Pandey, Mohd. Anis, Ramesh Chandra Bharti, Veer Pal Singh, Nathu Singh, Dhani Ram, Sugam Chandra, Collector Singh, Kunwar Pal Singh, Shyam Babu, Banwari Lal, Dinesh Singh, Sunil Kumar Dixit, Arvind Singh, Ram Nagina, Vijay Kumar Singh, Vijendra Singh, M.P. Mittal, M.C. Durgapal, R.K. Raghav, Surjeet Singh, Udai Pal Singh, Munna Khan, Durvijay Singh son of Tadinal, Mahaveer Singh, Gaya Ram, Register Singh, Rashid Hussain, Durvijay Singh s/o Dilaram, Syed Aale Raza Rizvi, Satya Pal Singh, Harpal Singh and Ram Chandra Singh, were tried by the Special Judge, C.B.I., Court No.1/Additional District Judge, Lucknow in Criminal Case No.1800439 of 2001: State of U.P. Through C.B.I. Vs. Gyan Giri & others, arising out of (i) R.C.1(S)/1993; (ii) R.C.2(S)/1993; and (iii) R.C.3(S)/1993, under Ss. 120-B, 302, 364, 365, 218, 117 I.P.C., Police Station C.B.I./S.I.C., New Delhi.

(2.) Vide judgment and order dtd. 4/4/2016, the Special Judge, C.B.I., Court No.1/Additional District Judge, Lucknow convicted and sentenced the accused persons in the manner stated hereinbelow :- Accused Gyan Giri, Subhash Chandra, Lakhan Singh, Nazim Khan, Register Singh, Shyam Babu, Syed Aale Raza Rizvi, Gaya Ram, Narayan Das, Rashid Hussain, Mahavir Singh, Dhani Ram, Sunil Kumar Dixit, Kunwar Pal Singh, Sugam Chandra, Shamsher Ahmad, Krishna Veer, Karan Singh, Dinesh Singh, Nem Chandra, Ram Nagina, Arvind Singh, Badan Singh, Ram Chandra Singh, Harpal Singh son of Munshi Singh, Durvijay Singh son of Tadinal, Banwari Lal, Nathu Singh, Durvijay Singh son of Dilaram, Satyendra Singh, Rakesh Singh, Collector Singh, Vijay Kumar Singh and Munna Khan :- <IMG>JUDGEMENT_55_LAWS(ALL)12_2022_1.jpg</IMG> Accused Harpal Singh son of Shri Bhim Sen, M.P. Vimal, R.K. Raghav, Veerpal Singh son of Mohindra Singh, Satyapal Singh, Surjeet Singh, Ramesh Chandra Bharti, M.C. Durgapal and Udai Pal Singh <IMG>JUDGEMENT_55_LAWS(ALL)12_2022_2.jpg</IMG> Accused Vijendra Singh, Mohd. Anis, Rajendra Singh and Devendra Pandey, <IMG>JUDGEMENT_55_LAWS(ALL)12_2022_3.jpg</IMG> All the sentences were directed to run concurrently and the period of incarceration was directed to be set off against the sentence of imprisonment. It was also directed to pay Rs.14,00,000.00 each to the family members of the deceased out of the fine imposed as compensation.

(3.) Feeling aggrieved by their aforesaid conviction and sentence, convicts/appellants, Devendra Pandey, Mohd. Anish, Ramesh Chandra Bharti, Veer Pal Singh, Nathu Singh, Dhani Ram, Sugam Chand, Collector Singh, Kunwar Pal Singh, Shyam Babu, Banwari Lal, Dinesh Singh, Sunil Kumar Dixit, Arvind Singh, Ram Nagina and Vijay Kumar Singh, have preferred Criminal Appeal No.549 of 2016, whereas convicts/appellants Vijendra Singh, M.P. Vimal (M.P. Mittal), M.C. Durgapal, R.K. Raghav, Surjeet Singh, Udai Pal Singh, Munna Khan, Durvijay Singh son of Todilal (Tadinal), Mahavir Singh, Gaya Ram, Register Singh, Rashid Hussain, Durvijay Singh son of Dila Ram, Syed Aale Raza Rizvi, Satya Pal Singh, Harpal Singh and Ram Chandra Singh have preferred Criminal Appeal No.513 of 2016 and convicts/appellants Rajendra Singh, Harpal Singh s/o Shri Bheem Sen, Gyan Giri, Subhash Chander, Lakhan Singh, Nazim Khan, Narayan Das, Krishna Veer, Karan Singh, Rakesh Singh, Nem Chandra, Shamsher Ahmad, Satinder Singh and Badan Singh have preferred Criminal Appeal No.551 of 2016.