VIREY Vs. STATE OF U P

JUDGEMENT

(1.) Accused-appellants Virey and Kaptan Singh have been convicted and sentenced to undergo imprisonment for life under Section 302/149 Indian Penal Code for the triple murder, 10 years rigorous imprisonment under section 436/149 Indian Penal Code and two years rigorous Virey and another Vs. State of U. P. - Har ChandiBudh Sen Dev Dutt Mst. Rama Devi Ram Chandra Bachchan Lal Pubharh Babu Ram (deceased) (P.W. 3) (Scribe of F.I.R) Raghunandan Mst. Ganga Devi (deceased son) (widow P.W. 3) BS hanker Sukh Ram Parmeshwari (deceased) Babu Ram (P.W. 4)

(2.) Ram Chandra (P.W. 1) is a resident of village Dheemar Nagaria, Police Station Aliganj, District Etah. Mostly Dheemars reside in this village though there are few Yadavas also in this village. Ram Chandra (P. W. I) is Dheemar by caste. The deceased Parmeshwari, Bachchan Lal and Raghunandan were also Dheemar and were residents of this vary village. The accused are real brothers and Yadav by caste and reside in the same village of Dheemar Nagaria. A dacoity was committed before the occurrence of the instant case at the residence of one Agar Singh in village Devtaria hamlet of Dheemar Nagaria Jagdish resident of Gher Nagla was suspected for having committed that dacoity. Ram Chandra (P.W. 1) alongwith his brother Bachchan and other family members was at his residence at about 9 A.M. on 22nd April, 1978 when they heard some noise that the huts in village Gher Nagla were set on fire. Ram Chandra came out of this house and saw some smoke in that hamlet. He also heard two rounds of firing. Sia Ram and Babu Ram then come and all of them rushed towards Nagla Gher. In the way they came to know that Virey and Kaptan Singh had killed Parmeshwari and set fire to the entire village. Just then 8 or 10 persons came from Nagla Gher. Kaptan Singh and Virey accused were amongst them. Kaptan Singh accused was armed with a rifle whereas Virey was armed with a 12 bore gun. Their other companions were not known to this witness from before but one and two out of them were also armed with 12 bore guns. Ram Chandra and others took to their heels on seeing the accused but they were chased. The accused caught Raghunandan and Bachchan Lal and inquired from them about Jagdish. Accused Kaptan Singh said that these persons helped and harboured Jagdish. Raghunandan and Bachchan disowned to have harboured Jagdish or helped him. Kaptan Singh exhorted Virey to kill Raghunandan and consequently accused Virey fired at Raghunandan and Kaptan Singh fired at Bachchan causing their instantaneous death. The accused thereafter went to village Dheemar Nagaria and set fire to the houses there. Thereafter they made good their escape. A number of houses were burnt. Ram Chandra dictated the report to Babu Ram and submitted the same at the police station Aliganj on the same day at 3-15 P.M. The case was investigated and charge sheet was submitted against the accused-appellants and two others. The post mortem examinations reveal that the deceased Bachchan Lal, Raghunandan and Parmeshwari received following antemortem injuries in this occurrence: PARMESHWARI 1. Fire-arm wound of entry 2-1/2 cms. x 2 cms. X cronial cavity deep over left side of head occipital region- 3 cms. behind ear. Margins contused. 2. Fire-arm wound of entry 1 cm. X 3/4 cm. X abdominal cavity deep over right side abdomen flank near anterior surface iliac spine.

(3.) Fire-arm wound of exit 2-1/2 cms. X 2 cms. over front of abdomen over and below unblicus. Loops of bowel protruding out of it.