JHARU Vs. STATE OF U.P.

JUDGEMENT

(1.) By an order passed today after receipt of the report of C.J.M Etawah and Aurai that 9 of the appellants Jharu, Sukul, Sardar, Bhajan Lal, Chandrawati, Bitani, Sahab Lal, Sukhwasi, Mukut Singh have died, we have abated the appeal against the said appellants. At present, we are examining the case of the 10 surviving appellants.

(2.) This criminal appeal arises out of the judgement and order of the IVth Additional Sessions Judge, Etawah dated 10.12.1982 passed in S.T. No. 270 of 1980, convicting and sentencing the 19 appellants. The appellant Parghan, the deceased appellants Jharu, Sukul and Man Singh have been convicted under section 302 I.P.C simplicitor to imprisonment for life, under section 436 I.P.C to imprisonment for five years, under section 429 I.PC to imprisonment for one year RI. The deceased appellant Jharu was also convicted for one year RI under section 148 I.P.C. The other 8 surviving appellants, Man Singh, Collector, Jhanak, Bhajan Lal, Ashok, Smt. Dhanwati, Ram Kali and Bhagwan Das and the other 7 deceased appellants (whose appeal has been abated as above) were convicted and sentenced to imprisonment for life under section 302/ 149 , five years R.I. under section 436/ 149 IPC, and two years R.I. under section 329/ 149 I.P.C. All the appellants and the deceased appellants other than Jharua were also convicted for six months RI under section 147 I.P.C.

(3.) The prosecution case was that there was a quarrel between the children of the informant Chhotey Lal and the children of the deceased appellant, Sukul when they were playing during the day on 2.5.1980. In the afternoon, Chhotey Lal's wife had gone to Sukul's house for lodging a protest. Then Bitani wife of Mukut and Dhanwati wife of Ashok, Tulsa wife of Parghan and Ram Kali daughter of Parghan started abusing Chhotey Lal's wife. When the informant Chhotey Lal, who was away at Dibiyapur market returned in the evening, his wife disclosed about the afternoon incident to him. There upon the informant Chotey Lal along with his brother Lal Singh and Bhagwan Deen went to lodge a protest at the houses of the appellants. Then the appellants most of whom belonged to Asha Ka Purwa of village Mohan Nagla where the incident had taken place and one of the appellants Mukut Singh, who belonged to Kanchan Ka Purwa and appellant Baiju Lal, who belonged to Ganu ka Purwa came out carrying Lathis and chased the informant and his brothers. When they went to hide in their houses, at about 6.00 P.M Parghan, Jharu and Mukut set fire to Bhagwan Deen's house, because of which two other huts started burning. The informant's son, the deceased Bhura aged 7 years, Km. Meena daughter of Lal Singh aged 8 years, Ratan Lal son of Lal Singh aged 7 years and Somwati daughter of Surja aged 6 years ran and hid in the house of Lal Singh. In the meantime, a conflagration developed which even reached the house of Lal Singh. The four children and 3 goats were burnt to death in that house. On the alarm raised by the informant and witnesses, Constable Lakhan, resident of the village, Malik Lal PW-2, Chhiddan, Murli, Bhagwan Das and other persons arrived and began to extinguish the fire. The appellants armed with Lathis and spear were crying out that they would burn any body who tried to escape. When the informant and witnesses tried to escape, then Chandrawati wife of Sheonath, Bitani wife of Sukul, Dhanwati wife of Ashok, Tulsa wife of Parghan and Ram Kali daughter of Parghan began throwing brick-bats. The witnesses made good their escape and the neighbours extinguished the fire. The informant then rushed to the police station Phaphund on his cycle and lodged a report at 8.05 P.M. PW-6 Head Constable Shrawan Kumar prepared the check report. Thereafter PW-5 Shiv Dayal SI, P.S. Phaphund arrived at the spot and collected the dead bodies of the four children. As it had become evening, he conducted the inquest next morning and sent the four dead bodies for post-mortem which was conducted by PW 6 Dr. S.K. Jain on 5.5.1980. All the four deceased children, Km. Mina, Ratan Lal, Km. Somwati and Bhura had 100% burns and the internal organs of their bodies were roasted.