SURYA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shreesh Kumar Mishra Atal, Advocate for the two appellants as Amicus appointed by the High Court and learned AGA for the State Respondents.

(2.) These two criminal appeals have been filed against judgement and order dtd. 7/8/2014 passed by Additional Sessions Judge, Bahraich in Session Trial No. 49 of 2002, State of U.P. Vs. Surya Lal and Another arising out of Case Crime No. 69 of 2001, Police Station, District Bahraich, where by the Trial Court has convicted and sentenced the appellants under Sec. 302/34 IPC for life imprisonment with fine of Rs.10,000.00 in default of which for further imprisonment of one year, and under Sec. 353 IPC for two years imprisonment and under Sec. 201 IPC for three years, imprisonment and fine of Rs.5,000.00 and additional imprisonment of six months in case of default in payment.

(3.) Case Crime No. 69 of 2001 was initially registered in Police Station Sujauli, Bahraich on 6/8/2001 at 06:10 AM against three accused, all residents of Ishwari Ganj Nepal, the informant did not reveal any names. He only indicated that one of them belonged to the family of Ramswaroop Tharu, the other was a relative of Purinder Tharu and the third one was an unidentified fellow. It was stated in the written report dtd. 6/8/2001 that on 4/8/2001 Forest Guard Jitendra and Watcher Kallu were returning from their duty in Beat no.2 of Katarniya Ghat Range. Near No Man's Land Ishwari Ganj village, they found two boys reading a book. Forest Guard Jitendra questioned them and scolded them by saying that these people keep a watch on movement of Forest Guards by making an excuse of reading books, only to warn their accomplices who were indulging in illegal felling and selling of trees in the forest. The informant said that he, Nanmoon, was working as Forest Guard in Beat No.1 and on 5/8/2001 while returning from his Beat, he met Jitendra Lala Forest Guard and Kallu Watcher on the road also coming back to forest checkpost on their cycles. All three were then returning together when they were accosted by the accused, who were armed. They took them inside the jungle about two kilometres and then threatened and scolded Jitendra Lala for slapping them last evening. They forced him to take off his clothes and they tied his hands as well as there of Kallu Watcher and the informant. One of the accused then took Jitendra Lala aside and stabbed him repeatedly. Another accused then took Kallu Watcher aside and stabbed him to death, but let the informant go on his begging them to spare his life. He came back to his check post and told Nathuram Forest Guard about it and then both of them crossed the river and reached the Forest Range Office where he told everything to Dy. Range Officer Sri Abdullah who then came to the Police Station to lodge FIR.