HARENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.P. Gupta, amicus curiae, Sri V.P. Srivastava, senior advocate assisted by Sri P.K. Srivastava, advocate. Sri Gaurav Singh, advocate holding brief of Sri Apul Misra, advocate, for the appellants, Sri J.S. Sengar, advocate and Sri S.A. Murtaza, A.G.A. for the complainant and State in the aforesaid criminal appeals, criminal revision and Government appeal and perused the record. The appellants have challenged the validity and correctness of the judgment and order dated 20.9.2002 passed by the Additional Sessions Judge (Fast Track) Court No. 16, Bulandshahr in S.T. No. 740 of 2001. State v. Chandra Pal and others, on the ground that it is against the weight of evidence on record; that it is against the law and facts of the case and sentence awarded is too excessive in this case. In Criminal Revision No. 1636 of 2001. the revisionist has challenged the judgment dated 17.5.2001, whereby his appeal against the order dated 21.3.2001 passed by Juvenile Magistrate rejecting his bail on the ground of juvenility had been dismissed.

(2.) The prosecution case in brief is that Smt. Ravindri wife of Jai Singh r/o Laxman Garhi P.S. Sikandrabad submitted a written report dated 3.11.2000 written by Yashpal Singh son of Sher Singh resident of village Akbarpur Raina P.S. Agauta, District Bulandshahr at P.S. Sikandrabad inter alia stating that she is the resident of village Laxman Garhi. P.S. Sikandrabad, District Bulandshahr. There was litigation with regard to their land in the village with Jagbiri wife of Jagpal and others, who are also residents of same village Laxman Garhi: that about 11 months earlier Jagpal husband of Jagbiri and her son Satpal were killed in which the names of Ravindri and her family members were implicated due to enmity and since then family members of Jagbiri wanted to take revenge. For this purpose she alongwith Suman and Bittoo sons of Jagpal had made an alliance with some other persons of the village; that on 3rd November. 2000 in the morning Jagpal son of Dilip was killed by some unknown persons on the road at far away distance from the village. On this Suman and Bittoo sons of Jagpal. Harendra son of Harkesh, Ravindra son of Giriraj, Chandrapal son of Dilip and Narendra son of Brahma armed with lathi, Farsa and country made pistol etc. came in the 'Gher' of complainant Ravindri where her Devrani Sundri wife of Autar was working and her two children Km. Laxmi a/a 4 years and son Kartik alias Chhotu a/a 2 years were playing. After killing them they entered the house of the complainant where they again killed Smt. Rajbiri wife of Kalicharan the mother-in-law of the complainant. On hearing the noise, complainant Ravindri, Naresh daughter of Kalicharan, Omveer and Dharmvir sons of Meer Singh, Ajab Singh son of Ram Das, Sudesh wife of Omvir, Pawan and Vikas sons of Omvir Singh came to the spot and on seeing the incident made hue and cry. The accused-appellants then ran away from the place of occurrence saying that four (4) have been killed today and family of Kalicharan would be done away on some other day.

(3.) On the basis of written report after making G.D. entry F.I.R. was registered at Case Crime No. 666A/2000 under Sections 147, 148, 452, 302, and 34. I.P.C. against accused persons on 3.11.2000 at about 15.10 hours showing the distance of place of occurrence from the police station as 13 kms. in the north direction as appears from the F.I.R.