KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE above criminal appeals have been preferred against the common judgment and order dated 13.11.2009 passed by Special Judge SC/ST Act, Unnao in Special S.T. No. 24 of 2007 convicting the appellants under Section 147 IPC and sentencing them to undergo rigorous imprisonment for six months. They were further convicted under Section 148 IPC and sentenced to undergo imprisonment for one year. They are also convicted under Section 302/149 IPC and sentenced to undergo imprisonment for life with a fine of Rs.10,000/ - and in default of payment of fine they were directed undergo further three months rigorous imprisonment. They have been further convicted under Sections 504 IPC and sentenced to undergo three months' rigorous imprisonment, under Section 506 IPC, six months' rigorous imprisonment and under Section 427 IPC, imprisonment for three months. The Sessions Judge has further convicted the appellants under Section 3(2)(5) of SC/ST Act for life imprisonment with a fine of Rs.10,000/ - and in default of payment of fine, further rigorous imprisonment for three months. All the sentences were directed to run concurrently.

(2.) BRIEFLY stated, according to the prosecution case, informant Om Prakash is the resident of village Khargikheda Majra Taura, district Unnao. On 08.08.2006, Kamlesh alongwith his brother Suresh and Pooran was returning to his village from Court. In between Mangatkhera and Unchgaon at about 2.30 p.m. informant Om Prakash saw that accused Santosh Singh was driving a white Marshal Jeep bearing no. U.P.78 AN 1453. His brother Amar Singh, Dinesh Singh and Karan Singh, Jamuna Prasad, Chhuna Singh and Vinod Singh brother -in -law of Santosh Singh carrying firearm were also sitting in the said jeep. He dashed the jeep with the motorcycle of his brother with a view to kill him. His brother alongwith two pillion riders fell down. Santosh Singh again reversed his jeep and overrun all the three persons. The persons who were sitting in the jeep fired indiscriminately and inflicted injuries to the victims by over running Marshal Jeep. He along with Suman and cousin Suresh Kumar was going towards Purwa from Mangatkhera and witnessed the incident. On alarm being raised by them, several persons attracted there. The accused persons tried to run away by the Marshal Jeep but it over -turned after riding the mount of soil. The accused persons wielding their weapons and threatening the informant, ran away from the scene towards fields. According to the prosecution case, the informant had some enmity with the accused persons on account of political reasons. They were committing atrocities on the persons belonging to schedule castes and schedule tribes. Their activities were also opposed by his brother Kamlesh, and on account of that enmity, they committed the murder of Kamlesh in a planned away. On the basis of said report, a case was registered against the accused.

(3.) ON registration of the case, investigation commenced. The Investigating Officer conducted the inquest proceedings and dispatched the dead bodies for post -mortem examination. The police had collected one Nokia mobile, diary and one live cartridge of 315 bore, Motorcycle belonging to Kamlesh, one revolver, three cartridges of 32 bore, one cartridges 12 bore and one SBBL gun five cartridges and prepared recovery memos Exts .Ka 2, .Ka -3, Ka 4 and Ka 15. His statement was recorded by the C.O.