RAM BRIKSHA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The above appeals have been preferred by the accused appellants against the judgment and order dated dtd. 30/4/2008/2/5/2008, passed by Additional Sessions Judge/F.T.C., Court No.3, Basti, in Sessions Trial No.257 of 2006 (State Vs. Subhash Yadav and others) whereby they have been sentenced to life imprisonment alongwith fine of Rs.10,000.00 each and in default of payment of fine to undergo one year additional imprisonment each under Sec. 302/149 IPC; three years rigorous imprisonment alongwith fine of Rs.1,000.00 each and in default of payment of fine to undergo three months additional imprisonment each under Sec. 308/149 IPC; one year rigorous imprisonment each under Sec. 147 IPC; three months rigorous imprisonment each under Sec. 148 IPC; six months rigorous imprisonment each under Sec. 323/149 IPC. Accused Prem Singh has been convicted and sentenced to life imprisonment alongwith fine of Rs.10,000.00 and in default of payment of fine to undergo one year additional imprisonment under Sec. 302 read with Sec. 114 IPC. All the appeals have been heard together and are therefore being disposed of by this common judgment. Criminal Appeal No. 4062 of 2008 shall be treated as the leading case.

(2.) Panchayat elections were notified in Uttar Pradesh and 25/8/2005 was the date fixed for cast of votes at Sant Kabir Nagar. Jai Narain Inter College, Maur, Sant Kabir Nagar was one of the polling centre (hereinafter referred to as 'centre') in the district. An incident occurred at 2.15 pm at this centre in which one Mahatam Yadav was shot dead and several others sustained injuries. Two distinct versions have surfaced in respect of the incident. We are concerned in the present set of appeals with the first version of the incident based on the report of the deceased's son namely Rakesh Kumar Yadav.

(3.) The written report (Ex.Ka.-1) made by the informant Rakesh Kumar Yadav (PW-1) on 25/8/2005 states that informant's sister-in-law, namely Champa Devi w/o Jai Prakash Yadav was a candidate for the post of Pradhan while Hanuman Yadav, was one of the other candidate who tried to rig the polls. On being opposed, one Manoj Gupta started abusing the informant. A squabble ensued between informant and Manoj Gupta, who was supporting Hanuman Yadav. Hanuman Yadav then called Ram Briksha Yadav from Gaighat Polling Booth who arrived alongwith his gunner Prem Singh and other associates and started assaulting the informant's side by baton and sticks (lathi danda). Those present there tried to mediate but Ram Briksha Yadav and his supporters did not pacify, instead Ram Briksha Yadav exhorted his associates to eliminate Mahatam Yadav and his family and snatched his bodyguard's Carbine and fired at the deceased. The bullet hit the deceased on his chest; he fell and died. Supporters of Ram Briksha Yadav also assaulted informant and his uncle Janardan Yadav, Jai Prakash Yadav and Onkar Yadav. On account of the injuries caused the informant became unconscious. This incident is alleged to have seen by large number of persons present at the polling centre. Enraged by the incident members of public chased the accused Ram Briksha Yadav and his associates and that is how the life of informant and his other family members could be saved. In this incident Ram Briksha Yadav, Ram Poojan Yadav, Subhash Yadav, Hanuman Yadav, Manoj Gupta, Virendra Yadav and gunner Prem Singh (appellants herein) are implicated as accused.