BADALU Vs. STATE OF U.P.

JUDGEMENT

(1.) In this triple murder case, appellants Badlau and Rahmat were convicted under Section 302 of the Indian Penal Code, 1860 (in short IPC ) and appellants Sardar and Raj Bali were convicted under Section 302 read with Section 34 IPC. All the four appellants were sentenced to life imprisonment and fine of Rs. 5000/- with default stipulation by the impugned judgment dated 7.7.2004 passed by the Addl. Sessions Judge, Fast Track Court No. 2 (FTC) in Sessions Trial No 133 of 1990 arising out of Case Crime No. 182 of 1989, Police Station (PS) Ghazipur, District Fatehpur.

(2.) Prosecution has alleged that informant Lala (P.W.-1) and his deceased father Jairam were lying on a bed in front of Varandah of their house while deceased Chunna and Bulla were sleeping in inside room of the same house. His mother Smt Lachui (P.W.-4) was also sleeping in Varandah of the courtyard. At about 10 p.m. in the night of 21.11.1989, the appellants Badlau and Rahmat armed with country made pistols and appellants Sardar and Rajbali armed with Lathis arrived suddenly. Appellant Badlau shot Jairam, his father on the exhortation of co-appellant Rahmat. Deceased Chunnu came out of the room. Appellant Rahmat shot him dead. Thereafter, all the appellants entered the interior of the house and also shot Bulla who also sustained grievous injuries. Commotion attracted several persons. Witnesses Prakash (P.W.-2), Dulare @ Dulla (D.W.-3) and Chota (not examined), came armed with lathi and flashlight. On their challenge, accused persons fled away from the spot. It is claimed that burning lamp at the spot was giving sufficient light wherein appellants were identified. Allegations is that there was some land dispute between the rival parties and appellants had infact abused and humiliated them even prior to this incident. They had threatened to destroy the whole family of deceased persons. No report of such threat was lodged because of intervention of wise men of the village.

(3.) Informant lodged the First Information Report (FIR) Ex-Ka-1 at 23.45 p.m. at P.S. Ghazipur located 5 kms away from the place of occurrence i.e. within 75 minutes of the incident. A chick report Ex-Ka-16 was carved out. It is pertinent to point out that initially this report was lodged under Sections 302 , 307 IPC as only Chunna had died at that point of time. It is alleged that initially Jairam and Bulla were taken on Bullock-Cart to P.S. Ghazipur. FIR Ex Ka-1 was lodged and thereafter both the injured were sent to District Hospital Fatehpur on the police Jeep. Injured Bulla died in the same night. Subsequently Jairam also died in few days i.e. on 2.12.1989.