JAGATA & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants Jagta and Kamala alias Kamlesh sons of Dhanaiya against the judgement and order of conviction dated 29.10.2004 passed by the Additional Sessions Judge (F.T.C.), Mahoba, in Sessions Trial No.51 of 1994 (State Vs. Jagata and another), arising out of Case Crime No.170 of 1993, under Section 302 read with Section 34 IPC and 307 read with Section 34 IPC, Police Station Charkhari, District Mahoba whereby appellants have been sentenced to life imprisonment coupled with fine Rs.4,000/- each and in case of default the concerned convict shall have to suffer six months' additional simple imprisonment under Section 302/34 IPC, further sentenced to 10 years rigorous imprisonment coupled with fine Rs.2,000/- each with default stipulation for three months' additional simple imprisonment under Section 307/34 IPC. Sentences shall run concurrently.

(2.) We have heard at length respective submissions of Shri K.K.Tripathi, learned counsel for the appellants and Shri Chandrajeet Yadav, learned AGA for the State and also perused the record. Prosecution story as unfolded by the First Information Report reveals that first informant Rameshwar S/o Kandhai Lal Pal, R/o Santoshpura, Police Station Charkhari, District Hamirpur lodged written report at police station Charkhari on 11.10.1993 at 10.15 A.M against several persons including the present appellants with allegations to the effect that on 11.10.1993 his brother Hari Shanker and Dharampal were looking after their crops in field at Santoshpura Majra Rewai, P.S. Charkhari, district Hamirpur. The first informant, too, was also looking after his crops in the nearby field. It was around 8.30 A.M., he saw Jagta S/o Thanaiyya Pal, R/o village Rewai possessing SBBL gun in his hand, Dadi alias Ganga (Chamar by caste), resident of village Rawatpura, Police Station Chikasi also possessing S.B.B.L gun and Kamlesh S/o Thanaiyya, resident of village Rewai, Hari Das and Jai Ram sons of Nandu Chamar possessing country made pistols in their hands came near to informant's brother and challenged that they shall not be spared. At this, Jagta, Haridas and Jai Ram fired on Dharam Pal and Kamlesh and Dadi alias Ganga fired on Hari Shankar and killed them. The first informant Vishram and Lal Divan rushed to their rescue but the assailants threatened them by pointing out their weapons and fled away towards the western side. The written report alleges that he has also received information that the aforesaid five persons have also fired on Ran Vijay S/o Tej Singh Pradhan with intention to kill him near 'Babu Ki Kutia' but he was saved. The accused persons have also killed Hari Shanker Tiwari and Parashu Ram Tiwari in village Rewai, Police Station Charkhari, district Mahoba around 6:30 a.m. Request was made that report be lodged and action be taken. This report was scribed by Ganesh Prasad S/o Shri Bhajanlal, resident of Rewai, Police Station Charkhari, District Hamirpur. This report is Ex.Ka-3.

(3.) Contents of Written Report were taken down in the check FIR Ex.Ka-6 and a case was registered against the aforesaid accused persons in the relevant general diary, which G.D. Entry is Ext. Ka-7. Thereafter, the Investigating Officer, Lalit Kumar Rathore swung into investigation at the direction of Inspector Shri V.K. Yadav. He reached at the place of occurrence and held inquest of dead body of Parashu Ram Tiwari, it commenced at 12.30 P.M. and completed at 14.15 P.M. on 11.10.1993. In the opinion of inquest witnesses, it was suggested that the dead body be sent for postmortem examination for ascertaining real cause of death, therefore, relevant papers were prepared for sending the body for postmortem examination, photonash, Ext. Ka-9, police form 13, challan dead body Ext. Ka-10 etc. Inquest Report of Parashu Ram Tiwari is Ext. Ka-8. Inquest report of Hari Shanker son of Durga Prasad Tiwari was also prepared on the same day i.e. on 11.10.1993 and was completed at 3.30 P.M. and the same is Ex. Ka-11 on record. Thereafter, inquest report of deceased Hari Shankar Pal son of Lal Diwan Lal was also prepared and relevant papers for sending dead body for postmortem examination were also made. Inquest Report of Hari Shankar Pal is Ext. Ka-14. Thereafter, inquest report of deceased Dharam Pal was prepared, which is Ext. Ka-17. Relevant papers for sending dead body for post mortem examination are Exhibit Ka-18 and Ka-19, respectively. All the four dead bodies were handed over to Constable Vijay Narayan and Constable Shatrughan Singh of Police Station Charkhari. In the process, the four dead bodies were sent to mortuary for post mortem examination.