KALI RAM Vs. STATE OF ALLHABAD

JUDGEMENT

(1.) The present application under section 482 Cr. P.C. has been filed by Kali Ram and others for quashing the proceedings in Crime Case No. 4/9 of 1987, State V. Kali Ram and others, pending in the Court of Munsif Magistrate, Kairana under sections 147, 148, 452, 324, 323 I.P.C., P.S. Kandhla.

(2.) The acts leading to the present application may be narrated in nut shell as follows: The murder of Indal took place in village Ellum on 9/6/1986. This Indal had executed a Will in favour of Chandra Pal and the sons of Kali Ram in April, 1986. It is alleged this enraged Sahadeo, Opposite party No. 2 and his sons as they wanted to have their shares in the property of Indal. On the fateful day, i.e. 9/5/1986, Sahadeo and his three sons armed with weapons came to the Gher of Kali Ram at about 2.30 p.m. and Sahadeo abused Indal saying that the he had not executed any Will in favour of his sons and that they would not leave him alive. Uttering these words they caught hold of Indal and dragged him out of the Gher and started attacking him by their respective weapons. Kali Ram, Sheesh Pal, Vinod and Raj Kumar tried to save Indal Singh but they were also attacked and injured Jai Prakash caused injury to Sheesh Pal by a fire arms and others inflicted injuries to others with Gandasa, Bhala and Ballam. Indal Singh died on the spot while other injured persons were taken to hospital. One Gordhan Singh lodged, a report of the said incident at Police Station Kandhla on 9/5/1986 at 2.30 p.m. (vide copy of Ute F.I.R. Annexure-I). It appears that subsequently on 19/6/1986 on Pirthi Singh, son of Bhullan Singh, lodged another F.I.R. in respect of the aforesaid incident in which Indal lost his life (vide copy of F.I.R. Annexure-II). This F.I.R. was lodged by Pirthi Singh against the present applicants and this has given rise to the present proceedings.

(3.) I have heard Shri Vinay Singh, learned counsel for the applicants at considerable length as well as the learned AddI. Govt. Advocate appearing for the State. Shri Singh has taken me through all the documents which have been filed in support of the present application. It was contended by him that the police investigated both the aforesaid cases which were lodged by Gordhan Singh and Pirthi Singh and submitted charge-sheets against Sahadeo, opposite party No. 2 and his sons on the basis of the F.I.R. lodged earlier on 9.5.1986 by Gordhan. The Chief Judicial Magistrate committed the said case to the Court of Sessions, which is now pending before the 1st AddI. Sessions Judge, Muzaffar Nagar, as S.T. No. 289 of 1986, State v. Sahadeo and others under Section 307/302 I.P.C. Police Station Kandhla district Muzaffar Nagar.