LAWS(ALL)-2006-2-82

RAVI SHANKAR Vs. STATE OF U P

Decided On February 08, 2006
RAVI SHANKAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Both these applications have been moved under section 482 Cr.P.C. and since they have been filed against the same proceedings, I have heard them together and now I am deciding them by a common order.

(2.) The facts relevant for disposal of both these Applications are that on 16-2-2001 at about 3-30 A.M. a report was lodged by Ravi Shanker, applicant in Criminal Misc. application No. 12679 of 2004 against Muktesh- war" and 14 other persons, applicants in Criminal Misc. Application No. 14839 of 2004, with these allegations that he himself and 15 accused persons named therein are residents of village Pipra Bhulli police station Barhaj District Deoria. There are chaks of Ravi Shanker towards east of the village and thereafter there are chaks of Umapati and Ram Nagina and towards south of these chaks, there is a chak road, there was a dispute between the parties in respect of that chak road. Umapati etc. had filed a civil suit in respect of chak road and for correction of map. On 15-2-2001at about 2 P.M. Naib Tahsildar, Kanoongo and Lekhpal visited the Primary School in the village and called Ravi Shanker and his uncle and brother Ram Nagina etc. for measurement of the chak road. Ravi Shanker, Chandra Prakash, Ram Nagina, Vyas, Vimal and Dhananjay etc. went to the school. Vyas handed over a copy of the stay order passed in the civil suit to the Naib Tahsildar and then the Naib Tahsildar and other authorities returned bank without getting the measurement done. Acxused Mukteshwar, Hans Nath etc. and their family members wanted to get the chak road covered by clay & sand, and so they felt very much aggrieved as the measurement could not be done on that date. When Ravi Shanker etc. were returning back to their house, Mukteshwar, Ved Prakash, Hans Nath etc., who were present in the field of Adya Prasad, started to abuse them. Ravi Shanker and Chandra Prakash asked them not to abuse and stated that they would abide by the verdict of the court. Then Ved Prakash stated that the matter shall be decided then and there. Then Hans Nath, Ved Prakash and Mukteshwar exhorted the other accused to kill them and then all the accused persons having lathis, Dandas and Pharsa in their hands attacked Ravi Shanker and Chandra Prakash. Upon noise the witnesses reached there and Ravai Shanker and those witnesses used force in self defence. However, the accused caused fatal injuries to Chandra Prakash, who fell down as a result of injuries received by him. Accused Dinesh and Durgesh had Pharsa in their hands. Since the condition of Chandra Prakash was serious, he was taken to the Primary Health Centre, but the doctor after examining him advised that he should be taken to the district hospital Deoria. The doctor in the district Hospital Deoria advised that he should immediately be taken to the Medical College, Gorakhpur. Then he took Chandra Prakash to Medical College, Gorakhpur, but he (Chandra Prakash) died there. Then Ravi Shanker left the dead body in the medical college and went to the police station Barhaj and lodged the report. On the basis of this report a case crime No.62/2001 under sections 147,148,504,506 and 302/149 I.P.C. was registered against the accused persons and after completion of investigation the police submitted a charge-sheet in this case.

(3.) On 15-2-2001, Ved Prakash (accused in the above case) also moved an application before the Superintendent of Police Deoria in which it was stated that he resides in village Pipra Bhulki and accused Chandra Prakash, Ravi Shanker) Dhanan- jay, Dinesh, Chandra Deo and Vyas also reside in the same village. They had forcibly occupied the chak road and the land of Gram Sabha, and so he had moved an application for measurement of the chak road and removal of encroachment, before the District Magistrate, Deoria. The Naib Tahsildar Satraon, the Kanoongo and the Lekhpal had visited the village for measurement on 15-2-2001 and at 1 P.M, they had called the villagers for measurement. Ved, Prakash and other villagers were present in; the ground of the primary school. At that time accused Chandra Prakash, Ravi Shanker and Vyas reached there and abused them and stated that if measurement is dbne, several persons will be killed. Then Ved Prakash said to them as to why they were quarrelling. Then they felt aggrieved and Chandra Prakash, Ravi Shanker, Dhananjay etc. having lathis and spear in their hands attacked them. Chandra Deo had a spear in his hand and the remaining accused had lathis in their hands. Shiv Nath, Onkar Nath, Satish and Chandra Bhushan etc. received injuries in this incident. The incident was seen by the witnesses. The Naib Tahsildar, the Kanoongo and the lekhpal left the village as soon as the Marpit had started. Thereafter Ved Prakash took the injured persons to the Primary Health Centre Barhaj 'where they were medically examined. Thereafter they went to the police station for lodging the report but the Head Moharrir told them that the Station Officer was not at the police station and the report will be lodged only after arrival of the Station officer. Then they went to the office of the Superintendent of Police and moved this application.