GIRJA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) All the abovenamed appeals arise out of the judgment and order dated 27.2.1996, passed by Sri R.S. Pandey, Special Judge, Jaunpur in S.T. No. 203 of 1984 whereby the appellants Daya Shankar, Jai Prakash, Satya Prakash, Mahendra Prakash, Gyan Prakash and Sri Prakash alias Babban are convicted under sections 148, 302/149 and 307/149, I.P.C. and sentenced to undergo R.I. for one year under Sec. 148, I.P.C., 3 years R.I. under Sec. 307/149, I.P.C. and imprisonment for life and a fine of Rs. 10,000.00 each under Sec. 302/149, I.P.C. Appellant Girja Shankar is convicted under Sec. 147, I.P.C. and sentenced to R.I. for 6 months, under Sec. 307/149, I.P.C. and sentenced to undergo R.I. for 3 years and sentenced to life imprisonment and a fine of Rs. 10,000 under Sec. 302/149, I.P.C. In case of default of payment of fine, the appellants are further sentenced to undergo imprisonment for two years. Learned Special Judge acquitted Uma Shankar and Rama Shankar under sections 148 and 307/149, I.P.C. Chandra Bhan, Maya Shankar and Rakesh Prakash were acquitted under sections 147, 302/149 and 307/149, I.P.C. Aslam was acquitted under sections 147, 302/149, 307/149 and 120-B, I.P.C.

(2.) Brief facts of the case, mentioned in the first information report lodged by Chiranjivi Rai at P.S. Jalalpur, district Jaunpur, are that the informant is resident of village Lakhamipur, P.S. Jalalpur, district Jaunpur. There is enmity in the village with regard to election of pradhan. In the night of 24/25.3.1984 one Hari Shankar Rai of his village was murdered. He, his younger brother Mewa Prasad Rai and one Ram Sewak Kurmi were made accused and they were released on bail. On account of the enmity of the said murder at about 1.00 O'clock in the night of 7/8.5.1984 Uma Shankar Rai, Rama Shankar Rai, Girja Shankar Rai, Daya Shankar Rai, Maya Shankar Rai, Satya Prakash alias Udai, Rakesh Prakash Rai, Gyan Prakash Rai alias Munna, Jai Prakash Rai alias Lallan, Sri Prakash Rai alias Bachchan, Mahendra Prakash Singh alias Lala, Chandra Bhan Singh and Jawahar Singh, relative of Uma Shankar Rai, resident of village Seer Karahiya, P.S. Lanka, Varanasi, Virendra Singh, resident of village Bhikharipur, P.S. Mirzamurad, district Varanasi and 4-5 persons came at his door. At that time he was sleeping in front of his door and ladies were also sleeping there. A lantern was burning at the door and electric light was at the pumping set of Sita Ram. He woke up and saw that Jawahar Singh and Virendra Singh armed with gun, Daya Shankar Rai, Satya Prakash Rai, Mahendra Prakash Singh and Jai Prakash Rai armed with country made pistol and rest of the accused armed with lathi and ballam came and started exhorting and challenging that they have to take revenge of the murder and they started firing from guns and country made pistols and caused injuries to Mewa Prasad Rai, Manoj Kumar Rai, Smt. Ram Kali alias Kangana, Manbhawati, his relatives Atma Rai and Akshaibar Singh. He ran towards jackfruit tree and set on fire the sarpat. The accused had started searching for him and when they could not find him, they said that they have to settle score with the sureties and went to the house of Sita Ram Rai and they caused firearm injuries at Dulari, Basmati, Manraji, Piyari, Dhan Devi and Sanjay Kumar alias Mammu, Thakur Prasad Rai, Shashi Kala and Raj Kumar. Thereafter, the accused went towards the house of Ram Sewak Kurmi but he had already left his house. They could not find out any one in his house and thereafter accused reached at the house of Uma Shankar Rai and started abusing the informant. Atma Ram Rai, Akshaibar Singh, Ram Kali alias Kangana, Dulari, Basmati, Piyari, Manraji, Dhandevi and Sanjay Kumar alias Mammu died on the spot. Mewa Prasad Rai, Manoj Kumar Rai, Manbhawati, Thakur Prasad Rai, Shashikala and Raj Kumar had received injuries and their condition was serious. After the incident accused persons ran away from there. The incident was witnessed by Udai Bhan Rai, Gulab Rai, Keshav Prasad Rai and Ram Sewak Kurmi in the light of torches, lantern, burning Sarpat and also in the electric light. The report was registered at the police station of Jalalpur on 8.5.1984 at 2.30 a.m. The distance of the police station from the place of occurrence is 5 km. After the registration of the F.I.R. Sri Yogendra Singh, S.H.O., P.S. Jalalpur started investigation of the case. He reached at the place of occurrence along with Sub-Inspector Lallu Ram Bhaskar. He prepared the inquest report of Akshaibar alias Reeshu (Ext. Ka-81). He prepared photo lash, seal lash and letter for post-mortem, challan lash, Form No. 33 (Ext. Ka-82-87). He also prepared the inquest memo of Dhan Devi (Ext. Ka-88). He also prepared the photo lash, seal lash, challan lash and letter for post-mortem and Form No. 33 (Ext. Ka-89 to 94). He also prepared the inquest memo of Smt. Manraji (Ext. Ka- 95). Photo lash, seal lash, challan lash, letter for post-mortem Form No. 33 are Exts. Ka-96 to 101. Dead bodies were dispatched for the post-mortem through Constables Atma Ram Pandey and Haneef Khan. He deputed Sub-Inspectors Sankatha Prasad and Lallu Ram Bhaskar for the preparation of inquest memos of other deceased. Thereafter he recorded the statement of informant Chiranjivi Rai. He arrested Girja Shankar, Uma Shankar and Rakesh Prakash. He recorded the statements of Kamla Rai and Udai Bhan. He also prepared site map (Ext. Ka-102). He prepared recovery memos of blood stained and plain earth and also prepared other recovery memos (Exts. Ka-103 to 110). On 9.5.1984, he recorded the statements of witnesses Keshav Rai, Ram Sewak Kurmi, Gulab Rai and Smt. Mithlesh. On 10.5.1984, he recorded the statements of Thakur Prasad Rai and injured Shashi Kala. He recorded the statement of Sankata and Ram Raj. After the completion of the investigation he submitted charge-sheet against the accused persons.

(3.) Dr. D.N. Tiwari had conducted the post-mortem on the dead bodies of Manoj Kumar, Akshaibar, Mewa Prasad Rai, Manraji and Smt. Dhan Devi and noted following ante-mortem injuries: Ante-mortem injuries on the dead body of Manoj Kumar.