SATISH Vs. STATE OF U P

JUDGEMENT

(1.) Babu Ram son of Ram Dutt and his son Sardar and Satish son of Sardar filed three criminal appeals Nos. 737 of 1978, 1230 of 1978 and 735 of 1978 respectively, against their convictions in the Sessions Trials No. A448 of 1978 and A222 of 1975 recorded by Sessions Judge, Bulandshahr, convicting them under sections 302/34, 307/34 and 323/34, I.P.C., with sentences of life imprisonment, seven years (for Sardar and Satish), five years rigorous imprisonment (for Babu Ram) and six months rigorous imprisonment respectively. The appeals of Babu Ram and Sardar namely Criminal Appeals. Nos. 737 of 1978 and 1230 of 1978 have abated due to death of these two appellants. The appeal of Satish namely Criminal Appeal No. 735 of 1978 has been heard by us and is being disposed of on merits.

(2.) The First Information Report of the incident was lodged on 2.5.1976 at 11.30 A.M. by Om Dutt Sharma (P.W. 1) complainant and eye witness disclosing the prosecution story that there was a passage for the ingress to and egress of the complainant, running towards the east infront of the house of accused Sardar, Sardar tried to obstruct the passage in different ways resulting in litigation between the complainants and Sardar before the Nyaya Panchayat. This ended in compromise on 14.7.1974. Three yards wide passage was left towards the east of the house of accused Sardar. However, there was another obstruction by Sardar in this passage and on complaint the Nyaya Panchayat levied fine of forty rupees on 25.4.1975 against Sardar. On 2.5.1975 at about 8, A.M. Sardar alongwith his father Babu Ram and son Satish started stacking and boulders on the passage. The complainant and Kanchan Singh and other beneficiaries of that passage protested whereupon the three accused persons started quarrelling. When the complainant and Kanchan Singh started removing the boulders, several persons including Kishan Swaroop (P.W. 2), Pitambar, Lal Bohari, Babu Ram son of Ganeshi, Iqram (P.W. 3) and others tried to intervene. Thereupon Sardar and Satish brought pistols and Babu Ram a lalhi from their house. Satish and Sardar opened fire towards the complainant and Kanchan Singh. The complainant escaped but Kanchan Singh received injuries and died on the spot, Kishan Swaroop and Pitambar also received gun shot wounds. By standers including Shakuntla wife of Mangal Sen, Devwati wife of Mahabir Prasad, Sheela wife of Har Swaroop, Mayavati daughter of Sannu Ram and Somwati wife of Das Dev also received fire-arm-injuries. The complainant and his uncle Bohari received lalhi injuries. Kanchan Singh had multiple gun shot wounds of entry in an area of 12 x 11 involving left cheek, front and left side of neck, left side front of chest, upper part, front of left shoulder with depth varying from skin to muscle to lung deep measuring 1/2 x 1/4 with circular shape but without any blackening or scordhing. Deo Kali had nine gun shot wounds, Smt. Mayavati had five gun shot wounds, Pitambar had two guns shot wounds, Kishan Swaroop had two gun shot wounds, Sheela had two gun shot wounds. Bohari had lacerated wound, Shakuntala had one gun shot wound and Somwati had four gun shot wounds and one reddish blue contusion. The complainant had/one lacerated wound, one abrasion and one bruise. All these injuries according to the different Doctors who examined their injuries, could have been caused at about 8 A.M. on 2.5.1975.

(3.) That investigating officer found boulders or mud over the controversial passage and three empty cartridges. He arrested Sardar and recovered a country-made pistol and two live cartridges from his possession.