SRI KRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) ON 6.12.75 at 4 p.m. in village Dhudhui, P.S. Kamasin, district Banda. accused Shri Krishna, Ram Prasad Nai, Gulsher, Keshav, Noor Musalman and Ram Prasad Dhobi along with another person formed an unlawful assembly, the common object whereof was to cause death of Ram Raj, son of Gajadhar, Chhote Lal, Ram Charan and Lallan Singh etc. Further, on the same date, time and place they, being members of the above said unlawful assembly and in furtherance of the above said common object of the said assembly, they used formidable weapons like double barrel and single barrel guns, country made pistols and rifles, and secondly, that on the above date, time and place they, in furtherance of the above said common object of the above said assembly, fired shots with guns, rifles and country made pistols thereby causing such grievous hurt to Ram Raj, Chhote Lal and Ram Charan. as a result whereof all three of them died at the spot. ON the above accusation those accused persons were arrested, charged and tried under Sections 147/148/302 read with Section 149, I.P.C. by the IInd Additional Sessions Judge. Banda.

(2.) IN order to prove its case the prosecution had examined Lalla Singh, the complainant. P.W. 1, Daljeet Singh. P.W. 2. Raj Narain, P.W. 3, Girish Chandra Misra, S.H.O., P.W. 4, Constable Munne Khan who had taken the dead bodies for post-mortem examination, as P.W. 5 and Dr. K. L. Pillay, who conducted the postmortem examination on the three dead bodies, as P.W. 6. The report of Chemical Examiner with regard to blood stained clothes was exhibited on record as Ext. Ka-25. After the close of prosecution evidence the statements of the accused under Section 313, Cr. P.C. were recorded. They pleaded innocence. When called upon to lead evidence in defence, they chose to lead none.

(3.) WE have heard the learned counsel for the parties and with their help perused the record. It has come in the testimony of eye witnesses P.W. 1 Lalla Singh and P.W. 2 Daljeet Singh that Shri Krishna, son of Hanuman. Ram Prasad, son of Gannu (the present appellant), Gulsher, son of Baldi, Noor son of Fakir Baksh, Keshav, son of Jagmohan and Ram Prasad, son of Lotan, i.e., the six accused persons formed a gang of dacoits with Lalla Singh, P.W. 1 and three deceased persons, namely. Ram Charan, Chhote Singh and Ram Raj. A few days prior to December 6, 1975 the six appellants and Lalla Singh and one Collector Ahir assembled for the purposes of committing dacoity but they apprehended that the police was after them and in order to ward off their arrest, Lalla Singh gave his DBBL gun to Keshav and Ram Raj gave his rifle to Collector Ahir, whereas Chhote Singh, deceased had given his double barrel gun to Ram Prasad Nai (the appellant) and all three of them were asked to escape. On 6.12.75 they went to village Tilasa in the morning and met Noor, the appellant in order to collect their weapons. He was told that his companions had gone to village Dudhui. Lalla Singh along with a relative Ram Kripal, Daljeet Singh and three deceased persons namely. Ram Charan, Chhote Singh and Ram Raj went to that village, they stopped at the house of Raj Narain at about 4 p.m. All of a sudden Shri Krishna and Ram Prasad Nai, appellants, armed with one DBBL gun each. Collector Ahir with a rifle, Gulsher and Keshav, appellants with one SBBL gun each, Noor and Ram Prasad Dhobi with one country made pistol each arrived there and fired at them, as a result whereof Chhote Singh, Ram Raj and Ram Charan died at the spot, whereas Lalla Singh, Ram Kirpal and Daljeet Singh succeeded in making good their escape.