JAGDISH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) When an incident which allegedly took place in the night of 12/13/1/1977, a first information report was lodged on the very same day at around 4:30am on the 13/1/1977. As per the first information report, which had been got lodged by one Harihar Singh son of Jung Bahadur Singh, in the night of 12/13/1/1977 while he himself had gone to sleep after having food etc., in the varandah of the house along with his son Hridya Narayan Singh and other elderly relatives by the names of Deo Nath Singh and Ramagya Singh then at around 1:30AM in the night Jagdish Singh, Amardeo Singh, Durvasha Singh, Jai Shankar @ Dondha Singh, Deo Narayan @ Bhukhad Singh, Munda @ Raj Narayan Singh, Sriram Singh, Siyaram Singh, Rama Singh, Sagar Singh, Vijrendra along with 7 to 8 other dacoits entered the premises which contained the Baithaka and quarters where women were sleeping. When the dacoits entered as per the allegations made in the first information report, the dogs of the first informant started barking which made the first informant and his son wake up. When the first informant and his son started making a hue and cry, one of the dacoits chased the son of the first informant and hit him by a lathi which had injured the right wrist of the son. Of the so many dacoits who had entered the premises of the first informant, the dacoits Deo Narayan Singh, Jagdish Singh, Raj Narayan Singh, Sri Ram Singh and 2 or 3 other dacoits entered the room where the two elderly persons namely, Ramagya Singh and Deo Nath Singh were sleeping and asked for the keys of the locker. The other dacoits kept guard outside the place where the two elderly persons were sleeping. They were throughout saying that if the elderly persons were not giving the keys then they be shot dead. Thereafter the dacoits shot at Ramagya Singh and Deo Nath Singh and they were killed. Thereafter the dacoits went towards the tenements where the ladies of the house were sleeping. They broke open the door and entered the premises and started looting the valuables. The locker (tijori) was brought out in the courtyard, which the dacoits tried to open with various tools which were available with them. They were kudal, farsa and chheni. In the first information report it had been stated that in order to frighten the villagers intermittently the dacoits were also firing in the air. It has also been stated in the first information report that while the looting was being done the dacoits were saying that they had taken the revenge of the murder of Deena Nath Singh. Because of the hue and cry raised by the first informant and the various ladies of the house, the cousin of the first informant Janmey Singh (P.W.3) and the nephew of the first informant Govardhan @ Radhey Shyam along with the Pradhan of the village, Shyam Bihari Yadav and Ram Surat Singh came on the spot. They saw the dacoits looting and rummaging the house. They had recognized the dacoits in the light of torches and in the light which came out of the burning "pual". The ladies of the house had also recognized the dacoits in the light of the lanterns and the various torches which they possessed. It had been stated that the wife of the first informant was also injured by one of the dacoits. The Pradhan of the village Parmanand Singh and one Rama Nand Singh fired from their firearms and thereafter the dacoits went away. The first informant and the other villagers chased the dacoits but all the time the dacoits turned around and warned them with dire consequences. It had been categorically mentioned in the first information report that vis-a-vis Jagdish Singh and others there was old enmity existing and it was for that reason that they had killed the two elderly persons, namely, Ramagya and Deo Nath. In the first information report, the lost articles which were stolen were also mentioned. The investigation thereafter commenced and such torches and lanterns which were to be found on the spot were taken into the custody and the recovery memos of things taken into custody were prepared and were numbered as exhibit - ka3. The locker and the locks which had been broken by the dacoits were also taken in the custody of the Police and their recovery memo was prepared and numbered as Exhibit - Ka4. Such articles which were left behind by the dacoits were also recovered by the Police and memo of which were prepared and exhibited as Exhibit - Ka 11 and 12. The police had also recovered certain lathies and shoes and recovery memo with regard to them was prepared as Exhibit Ka36. The empty cartridges and pads etc. of the bullets which were fired were also recovered and the memo with regard to which was prepared and exhibited as Exhibit Ka37. The clothes which had blood on them of Deo Nath Singh were also taken into custody and their memo was prepared and exhibited as Exhibit ka 34. Ramagya's clothes were also similarly taken into custody and memo with regard to them was prepared and exhibited as Exhibit Ka 35.

(2.) Thereafter, as per the case of the prosecution, a panchayatnama was conducted on 13/1/1977 which commenced at 6:35am and concluded at 7:05am. Thereafter, the two dead bodies were sent for post mortem and post mortem was conducted on the dead bodies on 14/1/1977 at 11:00am. The police after it had concluded its investigation submitted its report and the Magistrate took cognizance of the case.

(3.) The Trial Judge, namely, Sri N.S. Shamshery, the 6th Additional Sessions Judge, Varanasi, on 23/9/1978 framed charges against the various accused persons. vis-a-vis Jagtoo and Ram Dhani charges were framed under Sec. 396 IPC; vis-a-vis Smt. Sahdeiya and Kalawati charges were framed under Sec. 412 IPC; vis-a-vis Jagdish Singh, Amardeo Singh, Durbasa Singh, Jai Shankar @ Dhondha, Deo Narain @ Jhakkar, Munda @ Raj Narain, Sri Ram Singh, Siya Ram, Rama Singh, Sagar Singh, Bijendra Singh, Lakshmi Noniya, Dulare Singh, Kamla Singh, Lallan @ Lalla Singh and Kattal @ Katwaru Mahhal charges were framed under Sec. 396 IPC. Thereafter when the accused denied the charges, trial commenced.