VISHNU DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The present four applicants, Vishnu Dayal, Vishwanath, Raghunath and Shrimati Vidya Devi have challenged the proceedings of Special Session Trial No. 130 of 2003, State v. Vishnu Dayal and Ors. , under Section 2/3 U. P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (in short "gangsters Act") and the order dated 17-1-2006 passed in the aforesaid Special Session Trial relating to Crime No. 109 of 2003.

(2.) THE prosecution allegations, in a thumbnail description, as is perceptible from the First Information Report (Annexure 1), are that one Sadhuram Verma resident of village Dwarikapur Jatt had married with Shrimati Vidya Devi but unfortunately even after two and half years Shrimati Vidya Devi could not attain motherhood as a result of which the aforesaid Sadhuram Verma solemnized a second marriage with Shrimati Ramshree, sister of the informant Ramesh Chandra. Because of the bigamy the aforesaid Vidya Devi nurtured animosity from Sadhuram and Ramshree and she left the house and started living with Badloo Verma and his sons, who is brother of Sadhuram Verma aforesaid. THE aforesaid Vidya Devi also wanted to grab the real estate of Sadhuram. On 4-6-2003 Ramesh Chandra, the informant accompanied by his uncle Ram Kishore came to the village Dwarikapur Jatt to look after the welfare of his sister Ramshree and her husband Sadhuram Verma. When all the aforesaid parsons were sitting in front of the door of Sadhuram Verma and talking to each other, then Vishnu Dayal son of Badloo, armed with unauthorized fire-arm alongwith his two brothers Vishwanath and Raghunath, both armed with axe and their mother Vidya Devi carrying a torch came to the said spot where a lantern was burning and flashing the torch at Sadhuram Verma Vidya Devi instigated Vishnu Dayal for annihilating Sadhuram Verma. On her instigation Vishnu Dayal shot dead Sadhuram Verma on the spot. His wife Ramshree and Biharilal tried to save the deceased on which Vishwa Nath and Raghunath assaulted them by axe and caused them serious injuries. Informant and his uncle Ram Kishore and Raghubar escaped from the spot, crying for help. Because of the aforesaid incident lot of commotion occurred at the place of the incident. After committing the murder accused persons made their escape good towards the tube-well hurling a warning that if some body will follow them, he will also be annihilated. THE informant scribed the F. I. R. of the said incident which occurred on 4-6-2003 at 8. 15 p. m. and after covering a distance of one and half kilometre lodged the F. I. R. at police station Jahanabad as crime No. 109 of 2003 on the same day at 9. 15 p. m. for offences under Sections 302 and 307 I. P. C. and Sections 2/3 of the Gangsters Act.

(3.) AFTER completing the usual investigation the police submitted the charge-sheet on 26-7-2003 as Charge-sheet No. 67/93 against the applicants for offences under Section 302/307 I. P. C. and 2/3 Gangsters Act, on the basis of which case was registered against the applicants.