MOTI LAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants Motilal, Surendra Singh, Virendra Singh, Amar Singh,Dhunnan Singh, Sharda Singh, Miyadi alias Ram Miyadi Singh and Anil Singh have preferred this appeal against the judgment and order, dated 11-6-2002, passed by Addl. Sessions Judge (Court No. 4), Deoria in Session Trial No. 184 of 1995, convicting all the appellants under Sections 148IPC, 302 read with Section 149IPC, 307 read with Section 149 IPC, 452 and 427 IPC and sentencing appellants Motilal, Surendra Singh, Virendra Singh, Amar Singh and Dhunnan Singh to death and fine of Rs. 10.000/- each under Section 302 read with Section 149 I.P.C. R.I. for a period of seven years and a fine of Rs. 2000/- each under Section 307 read with Section 149 IPC, RI for a period of one year and a fine of Rs. 500/- each under Section 452 IPC, RI for a period of one year and a fine of Rs. 500/- each under Section 427 IPC and RI for a period of one year under Section 148 IPC. In default of payment of fine they were further sentenced to undergo RI for a period of one year, three months and three months RI on each count respectively. And sentencing appellants Sharada Singh, Miyadi alia Ram Miyadi Singh and Anil Singh to imprisonment for life and a fine of Rs. 10.000/- each under Section 302 read with Section 149 IPC, RI for a period of seven years and a fine of Rs. 2000/- each under Section 307/ 149 IPC, RI for a period of one year and a fine of Rs. 500/- each under Section 452, R.I. for a period of one year and a fine of Rs. 500/- each under Section 427 IPC and RI for a period of one year under Section 148 IPC. In default of payment of fine they were sentenced as mentioned above. All the substantive sentences were ordered to run concurrently.

(2.) The prosecution story briefly stated was as under : Appellants Surendra Singh, Virendra Singh and Anil Singh are real brothers and sons of appellants Sharda Singh. Appellants Amar Singh and Miyadi Singh are also real brothers. The above appellants were of the family of Toofani Singh and residents of village Jhanga Tola Sudama Chak, P. S. Hara, district Deoria. Appellant Dhunnan Singh was resident of another village Mangalpur and was associate of Sharda Singh and others. Sita Ram Singh, deceased was of the family of Bichari Singh, Advocate and resident of the village of the appellants. There was enmity between Bichari Singh, husband of Smt. Kaushilya, P.W. 6 and the appellants regarding some land. Sita Ram Singh deceased (40), his wife Smt. Manju Singh, P.W. 5 and his sons Surendra Singh (17) deceased and Jai Govind (14) deceased and Bichari Singh and his family were residing separately in the house which jointly belonged to them. Bichari Singh was a practising lawyer in District Courts Gorakhpur and was residing there. He often came to his house in village Sudama Chak.

(3.) On the night of 24/25-6-1994 Sita Ram Singh, deceased along with his wife Smt. Manju Singh, P.W. 5 and sons Surendra Singh and Jai Govind, deceased were sleeping inside the house in the Chhappar of Dalan. Other members of the family and Kaushilya Devi, P.W. 6 were sleeping inside the house. There was electric light inside the house. Before half an hour of the occurrence of this case, Toofani Singh of the family of appellants Sharda Singh and others were murdered. Appellants suspected that Toofani Singh was murdered by Sita Ram and sons of Bichari Singh. At about 1.45 a.m. appellants Motilal, Surendra Singh and Virendra Singh armed with country made pistols (katta), Anil Singh, armed with gun, Miyadi @ Ram Miyadi Singh armed with bomb, Dhunnan Singh armed with Ramma (iron road having edge at one end), Amar Singh armed with pharsa fitted lathi and Thagai Singh (died during trial) armed with lathi came to the house of Sita Ram Singh, deceased and attacked on Sita Ram Singh, his sons Surendra Singh and Jai Govind, Smt. Manju, P.W. 5, Smt. Lachchamina, Ram Lakshan, Pawan Kumar and Smt. Bela all of the family of Sita Ram Singh with their respective weapons. Appellants attacked Sita Ram Singh, deceased into Osara (varandah) of Dalan and caused injuries on him due to which he died. Surendra Singh started running towards southeast in the Sahan and gun shot injury was caused on him due to which he fell down and died. Jai Govind deceased ran towards west inside the house. Gun shot injury was caused on him and he fell down and died. Other injured sustained injuries. Appellants took out the motorcycle kept inside the house of Sita Ram and set it at fire. Hearing shrieks of the injured and sound of explosion of bomb and gunfire Udai Bhan and Ram Bilas came to the spot and saw the occurrence. Smt. Manju Singh (P.W. 5) came to the police station Hata in the same night. She got prepared report Ext. Ka-1 from Dwarika Tiwari, and lodged the same at the police station at 2.40 a.m. in the night of 25-6-94.