UDAL GIRI Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated 17.11.1999 passed by Special Judge/Addl. District Judge, Ghaziabad, in S.T. No. 6 of 1998 whereby the appellants Udal Giri, Shyam Pal Giri, Bhagirath Giri , Bhujver Giri , Upendra Giri, Naipal Giri, Asha Ram Giri @ Aashi and Prem Pal have been convicted under Sec. 148 I.P.C. and sentenced to R.I. for 2 years, under Sec. 307 I.P.C. and sentenced to 7 years R.I. and under Sec. 302 I.P.C. and sentenced to undergo imprisonment for life. Theappellants Balraj Giri, Tukki Ram Giri, Satveer Giri, Ram Veer Giri and Babu Ram Giri are convicted under Sec. 506 I.P.C. and sentenced to 2 years R.I. and further convicted under Sec. 148 I.P.C. and sentenced to 2 years R.I.

(2.) Briefly stated, the incident which gave rise to these appeals is that on 24.3.1997 at about 2.45 p.m. after celebrating Holi the informant Kishan Pal alongwith his family members Mehar Chand, Mam Chand, Mahendra, Dinesh, Pappu and Devi Charan were sitting in the courtyard (Aangan) of Ami Chand. Lal man Pradhan was his nephew and since when he vas elected as Pradhan, the Gosais of the village became inimical. Udal Giri. Asha Ram @ Aashi, Bhagirath, Upendra Singh, Kusum Veer, Bhujveer. Prem Pal carrying country made pistols. Naipal and Shyam Pal carrying Lathis and Daya Ram armed with Pharsa reached there on the tractor of Naipal and Upendra was driving it, and stopped the Tractor in front of the lane and got down from the Tractor abusing them and told that they posed themselves as a Neta and they will teach them a lesson and all of them started firing and assaulting with Lathi and Pharsa. In the meantime, Saroopi wife of Mam Chand and Indra Devi daughter of Mam Chand reached there and they had also been fired upon. Mehar Chand fell down in the Aangan. Hearing the noises, Tej Pal, Kailash and Tara Chand also reached there and raised alarm. The accused persons fled away on the Tractor. When they tried to apprehend them Upendra and others again fired upon them and on that account they could not apprehend them and accused persons fled away inside the village. Mehar Chandra died on the spot in the courtyard. Mahendra, Dinesh, Pappu, Devi Charan, Mam Chand, Saroopi and Indra Devi sustained pellet, Lathi and Pharsa injuries. After the incident when he alongwith Satya Pal were taking the injured Pappu, Dinesh and Mahendra to the Police Station. Tukki carrying country made pistol, Balraj and Babu Ram carrying Pharsa and Satveer and Ramveer carrying Laihi met them and threatened them that if they will lodge the report they will also be killed like Mehar Chand. They returned and came to the police station from different route. Devi Charan, Mam Chand, Saroopui and Indra Devi were sent to Ghaziabad for treatment. The report was registered at 3.45 P.M. at Police Station, Pilkhua, District Ghaziabad.

(3.) After the registration of the case Sub Inspector S.S. Tyagi commenced investigation. He reached at the place of occurrence and prepared the inquest memo on the dead body of Mehar Chand which is Ext. Ka. 12. He also prepared a letter to C.M.O., photo lash, challan lash, sample" seal etc. which are Exts. Ka. 13 to Ka. 17. Thereafter, he recorded the statements of Kishan Pal, Mahendra Singh, Trilok Chand, Ravindra Singh, Lal. Man and Satyapal. He also collected the blood smeared and plain earth from the place of occurrence and prepared its recovery memo, which is Ext. Ka. 18. On 25.3.1997 he recorded the statements of the witnesses. Kailash, Tara Chand, Tej Pal, Mahendra Singh, Pappu, Dinesh Chand and Mahesh Chand. He prepared site plan, which is Ext. Ka. 21. He also prepared site plan of the place where the complainant was threatened for not lodging the report, which is Ext. Ka. 22. On 28.3.1997 he recorded the statements of Saroopi, Indra, Mam Chand Pal and Devi Charan. After completing the investigation he submitted the charge sheet against the accused persons.