KRISHNANAND Vs. STATE OF U P

JUDGEMENT

(1.) SINCE both the appeals arise out of same judgment, as such, the same are being disposed of by a common judgment.

(2.) APPEAL No. 853 of 2008 has been filed by Krishnanand S/o Mahanand Panda, R/oVillage Kolhua Gara, Police Station - Achalganj, District - Unnao, whereas, Criminal Appeal No. 1155 of 2008 has been filed by Uma Shanker S/o Girja Shanker Panda, Ram Shanker S/o Nankau Pasi and Daroga S/o Mani Ram Gosai against the judgment and order dated 28.03.2008 passed in Special Sessions Trial No. 153 of 2003, arising out of Case Crime No. 231/2003, under Sections 147/148/149/325/307/302 I.P.C. and Section 3(2)(5) SC/ST Act, Police Station Achalganj, District Unnao, decided by the Additional Sessions Judge/ Special Judge SC/ST (PA) Act, Unnao.

(3.) BRIEF facts relevant for disposal of these appeals are that one Smt. Roop Rani W/o Babu Lal, R/o Village Majhara, Majra gram Koluhagara, Police Station Achalganj, District Unnao submitted a written report before the Station Officer, Achalganj, transcribed by one Rajeev Verma S/o Sri Pancham Lal, 502 Kalyani Devi, Unnao. It is stated in the written complaint dated 18.05.2003 that there is an enmity in between the families of complainant and Durga Pandit. Due to said enmity today at about 10 -11 am co -villagers Durganand and Krishna Nand S/o Mahanand, Ajay and Vijay S/o Durga Nand and Uma Shanker S/O Girija Shanker, Ram Shanker S/o Nankao, all residents of Village Koluhagara and Daroga S/o Maniraj, R/o Village Chapna, Police Station Achalganj, District Unnao came having lathi and fire arms. Durga Nand gave filthy abuses and stated that how these pasis dare to fire upon his sons and stated that today the entire family members would be finished. They dragged her daughter -in -law Smt. Sona and her grand sons (Nati) to the field of one Rajjan Panda and inflicted injuries from Lathi and bricks, due to which their hands and legs were broken and Sona Devi and Ranjit died on spot and two other injured boys were also lying in the field of Rajjan Panda. They were saying that if anybody comes to rescue and informs to police, they would be finished. Out of their fear, the persons of the village had closed their doors and hidden inside their houses, some of them ran away leaving the village. It is further stated that complainant and his family members were crying but no one came to help them. The complainant was praying for mercy from the persons of the community but nobody came to their rescue. The entire area was charged with the fear as if there is no law in the country. Anyhow she has came to give information by bicycle alongwith her son Dhunnu. This occurrence has been seen by villagers Ramchandra S/o Bhawani, Raju S/o Ram Asre, etc. The request was made before the S.O. concerned to register the case and take action against the accused. On this complaint thumb impression of Roop Rani was there. On the basis of this written complaint, F.I.R. was prepared under Crime No.231 of 2003, under Sections 147/148/149/307/302 I.P.C. and Section 3(2)(5) SC/ST Act, Police Station Achalganj, District - Unnao. On 18.05.2003 at 17.10 hours and an entry to this effect was made in G.D. Report no.30 at 17.10. The police came in action. The Investigating Officer visited the place of occurrence where inquest report of deceased Smt. Sona W/o Ram Nath @ Pole Pasi, aged about 35 years and deceased Ranjit S/o Ram Nath @ Pole Pasi aged about 12 years were prepared. Bodies were sent for postmortem. Another injured Subhash S/o Ram Nath was sent for treatment, but he also succumbed to his injuries and his inquest was also prepared. Another injured Ram Dularey was medically examined at District Hospital, Unnao. The Investigating Officer prepared site plan collecting the plain soil and soil with blood. Relevant papers were prepared and dead bodies of the deceased were sent for postmortem where postmortem of the deceased Sona Devi, Ranjit and Subhash were done. Following injuries were found on the body of Smt. Sona Devi : -