STATE OF U.P. Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS appeal against acquittal by appellant State is directed against the impugned judgement and order dated 31.10.1981 by 5th Additional Sessions Judge, Meerut, recorded in S.T. No. 39 of 1978, State Vs. Sri Ram and others, relating to P.S. Pilana, district Meerut, by which learned trial Judge has acquitted all the accused respondents herein namely Radhey Shyam (A1), SriRam (A2), Anand (A3) (all sons of Gendey Lal), Mohan Lal (A4), Nidan (A5) and Rajveer (A6) of charges under Sections 302/149 and 307/149 IPC.

(2.) REBOOTING necessary background facts from the prosecution allegations narrated during the investigation and in the trial by the prosecution witnesses it emerges that one Gendey Lal r/o village Budsaini, P.S. Pilana, District Bulandshahr had seven sons Pashupati Nath, Rajendra, Vishwadutt, Krishnadutt, Anand A3, Radhey Shyam A1 and Sri Ram A2. Pashupati Nath had two sons Billu and Tikaram. Sukhiram informant/PW1 is the son of Tikaram. Hari Shankar (deceased),Rishi Ram, Ram Kumar PW5, and Suraj Bali (F/O injured Jagmohan PW2) all were Ss'/o Sukhiram and were real sibling brothers. They also had three sisters, with Shakuntala being the youngest and she was married 1 1/2 years prior to the present incident of murder. Thus PW1, 2,5 and deceased Hari Shankar, all belonged to the family of Sukhiram who was their common ancestor. Similarly Tota Ram and Sundar Lal, both residents of adjoining village Madanat Nagar under the same police station and district were real sibling brothers. A4 is the son of Tota Ram, whereas A5 & A6 are the sons of Sundar Lal and they were real and cousin brothers.

(3.) ON the festive Diwali day 10.11.77, Hari Shankar illuminated his house with electric bulbs and along with his nephew Jagmohan(injured) went outside and stood at the terrace/ erected platform (Chabutara) of adjoining house of Dipu Bhagat in the south to enjoy the lighting and the pageant to be performed by Billu which was to start at 10 P.M. Witnesses named in the FIR were also present on the said terrace/ erected platform (Chabutara) and 5/6 children were displaying fireworks on the brick road in front of the terrace. At that time informant/ PW1 and his second son Ram Kumar P.W.5 were lighting terracotta bowl lamps (Deepak) at their terrace (Chabutara), when at 8.30 P.M., motivated by the aforementioned reason all the accused respondents A1 to A6, out of them A2, A4 and A6 gripping revolvers in their hands and rest of the three empty handed arrived from the south in front of terrace of Deepu Bhagat. A1 and A3 accosted Hari Shankar(deceased) and Jagmohan (injured) to teach them a lesson and bear the consequences for siding with Billu. A5 exhorted his associates to murder both of them and A1 and A3, called the others not to spare them and immediately thereafter A2,A4 and A6 opened fires at Hari Shankar (deceased) and Jagmohan (injured), and they both sustaining grievous injuries fell down on Billu's terrace. This shooting spree was witnessed by Hari Singh PW4, Mahipal, Gopi Chand PW3, Ram Kumar PW5 and many others. Informant PW1 and his son Ram Kumar PW5 rushed towards the accused challenging them, on which assailants escaped in the same direction from where they had arrived. Ram Kumar PW5 arranged for a gig, dumped both the injured into it and rushed them to the hospital. Informant PW1 on his part came inside his house where he slated his FIR Ext. Ka1, travelled a distance of 5 miles north to the police station Pilana and lodged the FIR same day at 11.05 P.M.