MANISH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above appeals have been preferred against the Judgment and order dated 14-5-2002 passed by Special Judge SC/ST (Prevention of Atrocities) Act/Additional Sessions Judge, Jhansi, in Sessions Trial No. 23 of 2001 convicting appellants Manish and Halke alias Gulab under Section 302 read with Section 34, I.P.C. for committing murder of Kamta deceased, convicting appellants Manish, Halke alias Gulab, Laxman Singh alias Babuji, Babloo Darzi and Suraj under Sections 147, 148 and 302 read with 149 for murder of Bhanu Pratap and Kapoori Devi as well as under Sections 307 read with 149, I.P.C. for attempting to commit murder of Karan Singh and Katori Devi, further convicting appellants Manish, Halke alias Gulab, Laxman Singh alias Babuji, Suraj and Dheeraj under Sections 302 read with 149, I.P.C. for committing murder of Guman and sentencing appellants Manish, Halke alias Gulab and Laxman Singh alias Babuji to extreme penalty of death and fine of Rs. 500/- each under Sections 302 read with 149, I.P.C. and sentencing appellants Babloo Darzi, Suraj and Dheeraj to imprisonment for life and fine of Rs. 500/- under Sections 302 read with 149, I.PC. Appellants Manish, Halke alias Gulab, Laxman Singh alias Babuji, Suraj and Babloo Darzi were further sentenced to 10 years R. I. and fine of Rs. 500/- each under Sections 307 read with 1491. P. C. as well as one year R. I. under Section 147, I. P. C. and 2 years R. I. under Section 148,I. P. C.

(2.) The prosecution story, briefly stated, is as under : On the evening of 17-12-2000 at about 7.45 p.m. one Babloo Rajput s/o. Siya Saran, r/o. village Pathredi, P. S. Dehrauli informed the police of P. S. Moth, district Jhansi on phone that about 4-5 assailants came to his village and shot dead Babloo Pandit of village Pathredi. The same information was conveyed to P. S. Dehrauli by Sri Madan Singh, Station Officer, P. S. Moth. On receiving above information, Sri Madan Singh, apprehending happening of some Incident by the assailants in village Saujana, of his police station, lying on the opposite side of river Betwa, along with Constables Safruddin, Ram Prakash, Badri Prakash and Munna Lal proceeded to village Saujana in a police jeep. He reached there at about 8.30 p.m. In the way he saw in the head light of jeep that a person was lying in the middle of the path. He stopped the jeep and saw that the person was dead. The door of the house, in front of which the dead body was lying, was closed. He knocked the door for about 10 minutes and assured that he was police officer and then one person came out of the door and told his name as Shyam Babu Yadav. He told-that the dead person lying on the path was Kamta alias Pappu of this village, who was murdered by appellants Manish Patel, Halke Chamar, Babloo Darzi and Laxman Singh alias Babuji. He further told that after committing murder of Kamta, the above persons went to the house of Kamta and made indiscriminate firing on his family members and thereafter they went to the house of Guman Ahirwar, where they also made firing. Sri Madan Singh along with Shyma Babu and police force reached at the house of Kamta. The doors of house of Kamta were closed from inside and ladies and children were weeping inside the house. There was a complete silence and sense of terror in the entire village. Sri Madan Singh disclosed his identity and got the doors opened. Inside the house he saw dead bodies of one male and one female. A lady and a child were also lying injured. Two ladies were weeping, who told their names as Smt. Ram Devi. w/o. Bhanu Pratap and Smt. Mateshwari, w/o. Kamta. The injured were Karan Singh (PW 2) and Smt. Parvati alias Katori (PW 3). The dead persons were Bhanu Pratap and Smt. Kapoori Devi, w/o. Laxman Singh. The ladies told that they were warming themselves at 'Alav' in front of their house. The appellants Manish, Halke, Babloo Darzi and Laxman Singh alias Babuji armed with revolver, gun and country-made pistol came there at about 5.30-5.45 p.m. and started indiscriminate firing, murdering Bhanu Pratap and Smt. Kapoori Devi and causing injuries to Karan Singh (PW 2) and Smt. Katori Devi (PW 3). Apprehending that the assailants would take away the dead bodies, they kept the dead bodies of Bhanu Pratap and Smt. Kapoori Devi inside the house and bolted the doors from inside. Thereafter, Sri Madan Singh reached the house of Guman Ahirwar. Smt. Nand Rani (PW 4), w/o. Guman was weeping inside the room by bolting the doors from inside. He got the doors opened and then she told that appellants Suraj, Dheeraj, Manish and Laxman Singh alias Babuji murdered her husband Guman by causing fire arm injuries and his dead body was lying in the nearby room, of Bada. Sri Madan Singh saw the dead body of Guman lying in the room. On enquiry he came to know that Kamta deceased was driving tractor of Sobaran Yadav and was also looking after his cultivation. The tractor of Sobaran Yadav used to pass through the Bada of Manish, which he was objecting to and was having enmity with Sobaran and Kamta. He had also asked Kamta to leave the services of Sobaran Yadav, but Kamta had not taken it seriously. In the preceding night Manish had assaulted Kamta, while he was going to the house of Sobaran Yadav. On account of above enmity, the appellants murdered Kamta and two other members of his family. He also came to know that prior to 13-14 years Lala Ram, s/o. Guman had murdered Ganga Patel, father of appellant Manish and on account of above enmity Manish along with other appellants committed murder of Guman. He also came to know that out of fear of appellants and terror created by them, none could dare to come out of his house and lodge report of the occurrence. Sri Madan Singh sent gist of above information to P. S. Moth and other senior officers on R. T. Set. Thereafter, he took the two injured Karan Singh (PW 2) and Smt. Katori Devi (PW 3) in the police jeep for medical examination.

(3.) Sri Madan Singh came to the police station Moth, where he lodged oral report of the occurrence at 10.10 p.m. On the basis of oral report Constable Moharir Ram Prakash {PW 11) prepared chik F. I. R. (Ext. Ka-15), made an endorsement of the same at G. D. report (Ext. Ka-16) and registered a case under Sections 147, 148, 149, 307, 302/34,1. P. C. and Section 3(2)(v) S. C. and S. T. (Prevention of Atrocities) Act against appellants Manish, Halke, Babloo Darzi, Laxman Singh alias Babuji, Suraj and Dheeraj.