ANIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) All the above 5 appeals filed by the accused are directed against the judgment and order dated 31.8.2004/1.9.2004 passed by the Additional District Judge, Court No. 8, Aligarh in Sessions Trial No. 803 of 2003, State v/s. Anil Kumar and others, under Ss. 148, 302/149, 307/149, 449, 504 and 506 IPC, arising out of Case Crime No. 0032 of 2003, P.S. Gonda, District Aligarh, Sessions Trial No. 821 of 2003, State v/s. Raj Kumar, under Sec. 25 Arms Act, arising out of Case Crime No. 44 of 2003, P.S. Gonda District Aligarh, Sessions Trial No. 822 of 2003, State v/s. Harpal, arising out of Case Crime No. 54 of 2003, under Sec. 25(1)(A) Arms Act, P.S. Gonda, District Aligarh, Sessions Trial No. 823 of 2003, State v/s. Ratish alias Satish, arising out of Case Crime No. 47 of 2003, under Sec. 4/25 Arms Act, P.S. Gonda, District Aligarh, Sessions Trial No. 824 of 2003, State v/s. Ashok Kumar, arising out of Case Crime No. 43 of 2003, under Ss. 25(1)(A) Arms Act, P.S. Gonda, District Aligarh and Sessions Trial No. 25 of 2003, State v/s. Vipin, arising out of Case Crime No. 46 of 2003, under Sec. 25(1)(A) Arms Act, P.S. Gonda District Aligarh, whereby all the 10 accused appellants namely Anil Kumar, Raj Kumar, Subhash, Ashok, Rajveer, Babban, Vipin @ Vippa, Ratish, Ajay and Harpal have been convicted under Ss. 148 and 302 read with Sec. 149 and under Sec. 449 IPC and further accused appellant Ashok Kumar, Raj Kumar, Harpal, and Vipin @ Vippa have been convicted under Sec. 25(1)A of the Arms Act and the accused appellant Ratish has been convicted under Sec. 4/25 of the Arms Act and sentenced for life imprisonment and other allied sentences under different sections. The prosecution story commences with the submission of a written report dated 18.3.2003 (Ex. Ka -1) presented by the complainant Pradeep Kumar (PW1) at 5.45 p.m. at Police Station, Gonda, District Aligarh, stating that at about 4.30 p.m. in the evening his elder brother Kuldeep, father Chhiddi Singh, uncle Rajendra Singh and Virendra Singh and his cousin Dhirendra Singh and Prem Pal son of Heera Singh resident of Nunera alongwith Lachcho Singh and Devendra Singh of his village after Holi Milan were sitting in his 'Varandah' and were talking to each other when Anil Kumar armed with 'Licensee Rifle', Raj Kumar armed with '315 Bore Pistol', Subhash armed with 'Licensee Double Barrel Gun', Ashok armed with 'Poniya' (short barrel country made gun), Rajveer armed with 'Double Barrel Licensee Gun', Babban armed with 'Single Barrel Gun', Vipin armed with '315 Bore Country -made Pistol', Ratish armed with 'Pharsa', Ajay armed with Country -made Pistol', Haripal armed with a 'Country -made Pistol' and Gulab Singh armed with a 'country -made Pistol' came there abusing them. Accused Anil, Rajveer and Subhash said to Kuldeep that he was acting as a 'Neta' and today we will finish your 'Netagiri', on this Kuldeep and others present there tried to find out the reason for such exhortation whereupon to show their muscle power they dragged Kuldeep, Rajendra Singh, Chhiddi Singh, Virendra Singh on the strength of fire arms with them towards their house and in the lane near the house of Dharamveer, all the accused started indiscriminate firing on all the 4 persons who were forcibly taken by them, accused Ratish assaulted Virendra on his head with 'Pharsa', all the 4 fell down on account of the injuries received by them. The accused also fired towards the remaining persons of the complainant side present there with an intention to kill because of which they could not proceed to save the 4 persons who had been assaulted. In the meantime other residents of the village had also gathered but they all ran away on account of terror created by the accused persons. There was complete silence all around the village. The residents bolted their houses. The assailants left the place wielding their arms and firing in the air and further threatening that if any one tried to take any action against them he would also receive the same fate. After assailants left the place the complainant alongwith others went near Kuldeep, Rajendra Singh, Chhiddi Singh and Virendra Singh and saw that Rajendra Singh had died on the spot on account of fire arm injuries and others were also in critical condition, the family members took the injured Kuldeep, Chhiddi Singh and Virendra Singh for treatment to Malkhan Singh, Hospital, Aligarh. The dead body of his uncle Rajendra Singh was lying at the spot. The assailants were jealous of the property of the complainant and it is for this reason that they bore enmity towards them. I have come to lodge the report which may be registered and appropriate action may be taken.

(2.) Constable 503 Anirudh Singh (PW 8) prepared the Chick F.I.R. (Ex. Ka -6). Investigation started and was taken over by Sub -Inspector Arun Kumar Singh (PW 11) who at the relevant time was Station Officer of Police Station Gonda. According to the Investigating Officer when he reached the spot there was strong crowd of about 500 -700 people and the situation was critical. According to him as some of the residents said that Rejendra Singh was still breathing he was also sent to the Malkhan Singh Hospital, Aligarh alongwith police force. Statement of the informant was recorded at the spot and the site plan was prepared (Ex. Ka -14). Seven blank cartridges were recovered and memo was prepared (Ex. Ka -14 and Ka -15). The 'blood stained' earth and 'plain' earth was collected and a memo was prepared (Ex. Ka -16). He tried to search for the accused but could not find any one of them. On 19.3.2003 i.e. next day inquest of Rajendra Singh's body was prepared (Ex. Ka -11) and other papers were also prepared (Ex. Ka -18 to Ka 22). In the meantime 2 of the 3 injured, namely, Kuldeep and Chhiddi also died and their inquest Ex. Ka -14 and Ka -34 respectively was prepared by Sub -Inspector K.P. Singh (PW 15). All the 3 dead bodies were sent for postmortem. The following ante -mortem injures were recorded in the postmortem of Kuldeep, Chhiddi and Rajendra Singh Exs. Ka -3, 4 & 5 respectively - -

(3.) Abrasion 4.00 cm. x 4.00 cm. front of knee joint