PRAVESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Upon an incident having taken place on 26/7/2007 at around 6:30 P.M., wherein three persons, namely Ram Murti, s/o Mohkam Singh, Malkhan Singh, s/o Ratan Singh and Pappu, s/o Mohkam Singh, had died, a First Information Report was got lodged at 8:15 P.M. (20:15 P.M.) by one Sri Shyam Singh (PW-1), s/o Mohkam Singh. Upon the First Information Report being lodged, the Police got into action and thereafter recoveries of the dead bodies was done. Thereafter, the inquest report was prepared by Sri R.D. Gautam (PW-3). The investigation, thereafter, ensued and a charge-sheet was submitted against five accused persons namely Kishan Singh, Vipin, Pravesh, Manoj and Rajveer. At the time of submission of the charge-sheet, initially on 17/10/2007, the accused Pravesh and Manoj were absconding. Subsequently, when they were found out the Police submitted its charge-sheet. Initially charges were framed against Kishan Singh, Vipin and Rajveer on 21/4/2008 u/S 147, 148, 149, 302 and 504 I.P.C in Case Crime No. 412 of 2007. The sessions trial was numbered as 112 of 2008. Upon taking cognizance by the Magistrate and thereafter after the trial being placed before the Sessions Court, the latter initially framed charges against Vipin in Sessions Trial No. 112 of 2008 under Sec. 147, 148, 302, 504 I.P.C. and thereafter charges were framed against Kishan Singh and Rajveer in the same session trial under Sec. 147, 148, 149, 302 and 504 I.P.C. Subsequently the charges were framed against the accused Pravesh and Manoj under Sec. 302/149, 148, 147, 504 IPC in Sessions Trial No.538 of 2008. Against the accused Vipin, separate charge under Sec. 25 of the Arms Act was also framed in Sessions Trial No.113 of 2008. The accused persons were read over the charges and they denied the charges and claimed trial.

(2.) From the side of the prosecution, there were five prosecution witnesses who were examined. Shyam Singh, s/o Mokam Singh was produced as PW-1; Rakesh Kumar, s/o Om Prakash was produced as PW-2; Sub-Inspector R.D. Gautam, who had prepared the inquest report, was examined as PW-3 and the Doctor Ajay Agarwal, who had conducted the post-mortem and had proved the postmortem report, was examined as PW-4. The Inspector Rakesh Sharma, who was the Investigating Officer of the case, was examined as PW-5.

(3.) The PW-1, Shyam Singh, who appeared in the witness box and gave his examination-in-chief on 15/9/2008 stated that on 26/7/2007, his cousin Rakesh Kumar alongwith him was going on a tractor trolley of one Harprasad, from Sadabad to Rasgawan. Alongwith them, three persons, it has been stated, namely his uncle Malkhan Singh and his brothers Ram Murti and Pappu, were also travelling on the tractor. When the tractor trolley reached near the field of Chandrapal, then Kishan Singh, Manoj, Vipin Pravesh and Rajveer accosted the tractor on two motorcycles and got the tractor trolley stopped. He states that from the tractor trolley, uncle Malkhan Singh and his own brothers Ram Murti and Pappu, were pulled down by the three accused namely Vipin, Pravesh and Manoj and Kishan Singh and Rajveer exhorted the accused Vipin, Pravesh and Manoj that the three may not go alive. At this exhortation, Vipin, Pravesh and Manoj, took out their country made pistols from their belts, which they were wearing at their waist and shot at uncle Malkhan, brothers Ram Murti and Pappu, as a result of which the three died on the spot. He has stated that he himself alongwith Rakesh ran towards the fields and they raised a hue and cry, as a result of which a lot many people from the Village- Rasgawan came on the spot. He has further stated that upon the crime having been committed, the accused persons ran away firing in the air on their motorcycles. He has specifically stated that the incident occurred at 6:30 P.M. He has further stated that there was a legal case with regard to their agricultural fields, which was going on in the Court and after attending the case they were returning home. He has stated that because of this case the accused persons had enmity with them. He has proved the first information report and had stated that he had himself lodged the same at the police station. The written report, which he had proved, was marked as Exhibit 4-73. He has further stated on 26/7/2007, the panchayatnama of the dead-bodies of Ram Murti, Malkhan Singh and Pappu, were prepared in his presence. He has stated that when the panchayatnama was prepared, he was a witness therein. The Inspector had also got his signature on the panchayatnama and had also got his views about the incident and the panchayatnama was exhibited as K-2, K-3, K-4.