PHOOL CHAND Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid three Criminal Appeals and Capital Sentence Reference arise out of the impugned judgment and order of convictioand sentence dated 21-5-2003 rendered in Sessions Trial No. 89 of 1998 by Addl. Sessions Judge, Lalitpur. Since the judgment and order challenged in these criminal appeals is one and the same which is the subject matter of the Capital Sentence Reference made by the learned trial Judge, all the appeals and the reference are herewith, taken up together for disposal.

(2.) The appellant accused Phool Chand stood his trial on the charges for the offences punishable under Sections 147, 364 read with Sections 149 and 302 read with Section 149 I. P. C. before the Addl. Sessions Judge and he was convicted and sentenced as following :

(3.) The prosecution case as it. appears in the evidence is that on 22-3-1998 an incident of theft took place at the residence of accused appellant Phool Chand and the suspicion for commission of this theft was expressed upon the informant of this case, namely, Karan (P. W. 1). As such on 7-4-1998 all the aforesaid ten accused persons came to the informant, Karan and took him and his wife Smt. Malkhan (P. W. 2) along with them. They brought them to their residence am | assaulted them. Karan's wife was beaten by the ladies of the appellants' family. She. however, managed to escape from there. Thereafter the accused persons took Kaian to Tal Behat the next day, i.e. on 8-4-1998 and later on in the evening at about 6 p. m. they released him. The accused appellants, however, asked Karan to execute sale deed of his entire immovable property in their favour else he would be put to greater liar assment. On (hat day i.e. 8-4-1998 at 10.30 p.m. the accused persons again knocked at Karan's door and thereafter they went to Karan's father. The appellants took his lather Magan. mother Smt. Ram Dulari, brother Bhagirath and sisters Rekha. Usha and Raja Beti along with them. Later on the dead bodies of Magan. Suit. Ram Dulari. Bhagirath, Rekha, Usha and Raja Beti were noticed along the railway line by railway gang man. Khet Singh, the railway gang man gave information to Station Superintendent, Tal Behat, who in response thereto sent a memo to the Police Station. Constable Chhabi Lal (P. W. 8) made an entry of this information in the General Diary on 9-4-1998 at 9.05 hours and the police came into action. S. I. Sheshmali Dubey (P. W. 9) immediately rushed to the railway line where the dead bodies were lying and inquested upon it from 9.05 to 10 a. m. After completion of formalities the dead bodies were dispatched for post mortem examination. Informant Karan (P. W. 1) as per his F. I. R. in the morning of 9-4-1998 at about 9.30 a. m. while coming from M. E. S., happened to meet the accused appellant, Gissa, who told him that the dead bodies of his parents, brother and sisters were lying by the side of railway line and they died of injuries sustained in railway accident. He, therefore, went to the scene of occurrence and thereafter on getting suspicious against the accused appellants, he lodged the F. I. R. naming all the accused therein the same day on 12.05 p. m.