SAMBHAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 168 of 2003 has been preferred by Sambhal Singh and his three sons namely, Jag Mohan Singh, Krishna Mohan Singh and Hari Mohan Singh against the Judgment and Order dated 17-12-2002, passed by Mr. O.P. Tripathi, Additional Sessions Judge (Fast Track Court-IV), Deoria, in Sessions Trial No. 1 of 2000 convicting and sentencing them to death for the offence punishable under Section 302, I.P.C. read with Section 34. I.P.C. Capital Sentence Reference No. 1 of 2003 arises out of the reference made by the learned trial Judge, to this Court under Section 366(1), Cr.P.C. for confirmation of death sentence of Sambhal Singh, Jag Mohan Singh, Krishna Mohan Singh and Hari Mohan Singh. It is pertinent to mention that along with the four appellants, two others namely, Ram Nath and Ram Pyare Mall were also tried, but the learned trial Judge vide the impugned judgment acquitted them and the State of U.P. has not preferred any appeal under Section 378 (1), Cr.P.C. against their acquittal.

(2.) Since both Criminal Appeal No. 168 of 2003 and Capital Sentence Reference No. 1 of 2003 arise out a common factual matrix and impugned Judgment, we are disposing them off by one Judgment.

(3.) Shortly stated, the prosecution case runs as under : The Informant Ram Kewal Mall P.W. 1 is the son of the deceased Munshi Mall, father of Km. Anuradha alias Dimple Virendra and Dhlrendra Mall (all deceased) brother of appellant Sambhal Singh and uncle of appellants Jag Mohan Singh, Krishna Mohan Singh and Hart Mohan Singh. At the time of Incident the Informant, his wife Smt. Maya Devi P.W. 2 and the aforesaid persons were living in village Majharihawa within the limits of Police Station Rudrapur in district Deoria. There was enmity between the Informant on one hand and his brother Sambhal Singh on the other. The Informant's father deceased Munshi Mall since 1976 used to stay with him and the Informant his wife and children used to look after him. On account of this, month before the Incident Munshi Mall had executed a Will of his entire property in favour of Informant's wife Smt. Maya Devi. This Incensed the informant's real brother Sambhal Singh. On 22-4-1999, at 6.30 a.m. the informant's son Dhlrendra alias Dhlrendra Singh had gone in the grove to pick Mahuva fruits. Appellant Sambhal Singh and his sons, appellants Hari Mohan Singh, Krishna Mohan Singh and Jag Mohan Singh were also picking the Mahuva fruits. They asked Dhlrendra not a pick Mahuva fruits. On this, an altercation took place between them. Dhirendra said that Mahuwa tree belonged to him. Thereafter Dhirendra tried to run away. Sambhal Singh, Jag Mohan Singh, Krishna, Mohan Singh and Hari Mohan Singh chased him. They were saying today we will kill and would not leave anyone. Dhirendra running came to the informant and his mother Maya Devi, who at that time were preparing cow dung cakes. Maya Devi old him that they would protest against this conduct of Sambhal Singh and others. Thereafter, the informant and Maya Devi asked Dhirendra to get a bucket of water. In the meantime, Sambhal Singh armed with a licensed gun and bhujali (banka), Hari Mohan Singh with a country-made pistol, Jagmohan Singh and Krishna Mohan Singh with bhujalis came. They were saying that they would kill everyone. Thereupon, Dhirendra Singh and Virendra ran towards the Ghotha (cattle shed) and the informant and Maya Devi hid in a adjoining maize field. They saw that Sambhal Singh with his licensed gun fired upon Dhirendra Singh, and the shot struck him. Thereafter Sambhal Singh reloaded his gun twice and fired on Virendra Singh and Dhirendra Singh. Then Hart Mohan Singh fired with, a country-made pistol on Virendra Singh. Thereafter, Sambhal Singh, Jagmohan Singh and Krishna Mohan Singh with bhujali (in the evidence, it has also come that Sambhal Singh was armed with a banka) assaulted Dhlrendra Singh and Virendra Singh. Then Sambhal Singh caught hold of the legs of Munshi Mall and Jag Mohan Singh and Krishna Mohan Singh assaulted him with bhujali. As a consequence of the assault, commotion was created. When Sambhal Singh and others, after murdering Dhlrendra Singh, Virendra Singh and Munshi Mall were leaving Anuradha (the daughter of the informant and Smt. Maya Davi) asked the appellants that what they had done. At that Juncture on the instigation of acquitted accused Ram Pyare and Ram Nath that she be hacked to death, Sambhal Singh with a banka (bhujali) and Krishna Mohan Singh and Jag Mohan Singh with a bhujali assaulted her. Apart from the informant and Maya Devi, the assault on Anuradha was witnessed by Vishnawanath P.W. 3. Thereafter, Sambhal Singh, Jag Mohan Singh, Krishna Mohan Singh and Hari Mohan Singh ran away. Then the informant called a passer by and got the F.I.R. (Ext. Ka 1) scribed by him. He, thereafter, proceeded along with it to Police Station Rudrapur, District Deoria, and lodged it.