AMIT BATHAM Vs. STATE OF U P

JUDGEMENT

(1.) THESE two connected appeals arise from the judgment passed by the Special Judge, SC/st (Prevention of Atrocities) Act, Kannauj on 16-8-2003. Criminal Appeal No. 4262/2003 was filed by the accused Amit Batham who was convicted under Section 302 I. P. C. simplicitor and sentenced to extreme penalty. The other accused persons were also convicted for the said offence but sentenced with lesser penalty, life imprisonment. THESE accused have also been convicted and sentenced under Section 452 I. P. C. to three years' R. I. and a find of Rs. 1,000. In default of payment of fine three months R. I. was also imposed upon them. The other convictions are under Section 323/34 I. P. C. and were awarded six months' R. I. Under Section 3 (ii) (v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities), Act only Amit alias Pintoo Thakur and Manoj Joshi were convicted. They are sentenced to undergo life imprisonment. The appeal of other two appellants Amit Singh alias Chintu and Manoj Joshi is Criminal Appeal No. 3967/2003.

(2.) THE brief facts of the case as disclosed in the First Information are that the informant Soni d/o Shailendra, her mother and younger sister Raj Kumari were doing menial job in the houses of the residents of Gursahaiganj to meet their both ends. This Raj Kumari was entangled with Amit Batham. Amit Batham used to tease her. It developed into their friendship. Some two and half months before the occurrence Amit Batham had made a proposal to the parents of the informant for his marriage with Raj Kumari. THE proposal was spurned by her parents on account of the cast barrier. This was not liked by this appellant. Some time in between Amit Batham visited the house of the informant with his 3-4 companions in village Garihia Walidaspur where her family used to reside. A threat was extended by them that they will take away Raj Kumari forcibly. As a consequence to that the mother of the informant had sent her younger daughter to her house (husband's ). She was married to one Pappu and was living one km. away from Gursahaiganj in village Garahia Balidaspur. Raj Kumari stayed there for about two and half months. On the date of occurrence the informant alongwith her younger sister came to her parent's home. During the day at about 2. 00 p. m. while coming to the house of her parent they also passed through Gursahaiganj, the place of residence of Amit Batham and other accused appellant. Near Ram Lila ground Amit Batham accosted them. On the said night at about 10, 10. 30 p. m. Amit Batham, Amit Singh alias Chintu and Manoj Joshi armed with country made pistols and an unknown person armed with an axe came to her house and knocked the door on the pretext that they are members of the police force. As soon as the door was opened Soni was given an axe below on her head. THE appellants started dragging her younger sister Raj Kumari out of the house. THEir alarm aroused their parents from slumber who tried to resist the attempt of the accused persons. Shots were fired upon these two resulting into their instaneous death. In the meantime many people from the village and some policeman also arrived at the scene of occurrence. THE policemen took both injured sisters to the hospital alongwith their parents who were declared dead at the hospital on arrival. THE medical examination of these two was conducted at the hospital on the same night at about 0. 15 and 0. 45 hours.

(3.) THE prosecution in support of its case has examined two eye- witnesses of the incident, P. W. 1 Soni, the informant and P. W. 2 Raj Kumari. THE other witnesses are formal in nature. THEy are Dr. S. P. Singh P. W. 3, Dr. R. M. S. Tewari, P. W. 5 who have medically examined the injured and conducted the post mortem examination. P. W. 4 Narsingh Pal Singh is the Investigating Officer. He has also proved the check FIR and the relevant G. D. entries, which were transcribed by Vijendra Singh. Written report is Ext. Ka-1. THE injury reports are Ext. Ka-2, and Ext. Ka-3.