JUGGI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal under Section 374 Cr.P.C. has been preferred against the judgment and order dated 9.3.1983 passed by the Special Judge, Mainpuri in Special Trial No. 94 of 1982-State Vs. Juggi alias Jugendra and others, arising out of Case Crime No. 49 of 1982, under Sections 460, 396 I.P.C., Police Station Jasrana, District Mainpuri.

(2.) It is pertinent to mention here that initially this appeal was filed by the accused persons Juggi alias Jugendra son of Rajvir, Ratan Singh son of Jomdar, Ranvir son of Ghanshyam, Phool Singh son of Durbin Singh, Ratan Singh son of Gopiram, Gyani son of Ram Prasad and Satyadeo alias Satta son of Chandan Singh but during pendency of this appeal, the appellants Juggi alias Jugendra, Ratan Singh son of Gopiram and Satyadeo alias Satta died and vide order of this Court dated 18.4.2012 the appeal has been abated against them.

(3.) The prosecution case as unfolded is that one Nihal Singh son of Kedar Singh lodged a written complaint at Police Station Jasrana, District Mainpuri on 25.3.1982 at 8.30 A.M. regarding an occurrence which had taken place on the same day at 1.00 A.M. It was disclosed therein that about 15-20 days before the occurrence, Smt. Ram Sumiriti wife of Om Prakash Kumhar, who is cousin brother of the complainant, was teased by Satya Deo alias Satta and Ratan Singh, whereupon Smt. Ram Sumiriti had abused them, thereupon they had beaten Smt. Ram Sumiriti. The brother of the complainant Avval was not present at home at that time and when in the evening he returned and gathered said information then he complained to them as to why they were teasing and beating their ladies. Taking this incident lightly, no complaint was made to the police station. It is further stated that on 25.3.1982 in the night when the complainant along with his wife and children were sleeping in his house and Avval along with his family and niece Gomati, who had come on the occasion of Holi, were sleeping in adjoining house. At about 1.00 A.M. they heard some commotion in the house of Nannu, thus, the complainant and his brother Avval came out of the house then the miscreants entered the house of Avval and when the complainant and his family members raised alarm, neighbours Ram Swaroop, Balwant Singh, Sukadu and Jangali came there and recognized the miscreants in the torch light as Juggi, Satyadeo alias Satta, Ratan Singh son of Jomdar who are resident of the same village and Gyani resident of Nagla Kachhi, Phool Singh, Ratan Lal Gadariya resident of Nagla Hans and Ramvir Thakur resident of Nagla Ram. Juggi was having shot gun, Gyani a country made pistol and Santa hockey and rest were having lathies. Avval Singh tried to catch hold of them and disclosed that he had recognized them. Thereupon, Juggi, who was standing in the courtyard, opened fire from his shot gun upon Avval, due to which he fell down in the courtyard and died. The complainant and co-villagers tried to encircle them but since they were armed with different weapons due to fear they could not be caught and ran away. The miscreants had taken away with them a ladies Titan watch of Gomati, some gold plated ornaments, Rs. 40/- cash, some utensils and Rs. 800/- from the house of Natthu. It was stated that dead body of the deceased Avval was lying in the courtyard. In the night due to fear of miscreants, the complainant could not come to the police station to lodge the report. A request was made that a report be lodged and legal action be taken against them.