RAMESH Vs. STATE

JUDGEMENT

(1.) Seven persons, namely. Ramesh, Jagdish, Putti Lal, Ramrikh, Suraj Prasad, Ravindra Singh and Vishwaraj Singh were charged by the Additional Sessions Judge/Speeial Judge, under the Essential Commodities Act, Hardoi for offences punishable under Sections 148, IPC, 302 read with 149, IPC, 307 read with 149, IPC and 404. IPC. The learned Judge found all of them guilty for offences punishable under Sections 148, IPC, 302/149, IPC and 307/149, IPC. In addition, he found Ravindra Singh guilty for the offence punishable under Section 404, IPC. The learned Judge sentenced Ramesh and Jagdish to death under Section 302/149, IPC and the remaining five persons to imprisonment for life under the said section. He sentenced all seven of them to undergo 7 years' R.I. for the offence punishable under Section 307 read with 149, IPC and 2 years' R.I. for the offence punishable under Section 148, IPC. He also sentenced Ravindra Singh to undergo 2 years' R.I. for the offence punishable under Section 404, IPC. He directed that the sentences of the said persons on all the counts shall run concurrently. Capital Sentence Reference No. 3 of 2001 arises from the statutory reference made by the trial Judge under Section 366, Cr. P.C. for confirmation of death sentences of Ramesh and Jagdish. Criminal Appeal No. 672 of 2001 has been preferred by all the seven accused persons, namely. Ramesh, Jagdish, Putti Lal, Ramrikh, Suraj Prasad, Ravindra Singh and Vishwaraj Singh against the aforesaid convictions and sentences. Since both the Capital Reference No. 3 of 2001 and Criminal Appeal No. 672 of 2001 arise out of a common factual matrix and the same judgment, we are disposing them of by one judgment.

(2.) The prosecution case, in short, is as under :

(3.) The evidence of Sub-Inspector Shiv Swaroop Tewari (P.W. 11) shows that on 25- 9-90 (the date of the incident) at about 10.15 a.m. the informant Reshma came to Police Station, Beniganj and lodged her FIR in the presence of ASP R. D. Pandey. On the basis of the FIR a case was registered against the appellants and others and thereafter ASP R. D. Pandey transferred the investigation to S. I. Shiv Swaroop Tewari. It is pertinent to mention that the distance between the place of incident and Police Station Beniganj is six kilometres.