DHARMENDRA SINGH AND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The aforesaid appeals have been preferred by Dharmendara Singh, Narendra, Gopal, Sanjeev, Pushpendra and Jagvir Singh against the common judgment and order dated 5-12-1996 of Sri Dhani Ram, the then Special Judge/Additional Sessions Judge, Aligarh, in S.T. No. 1314 of 1994 whereby Dharmendra Singh, Narendra Yadav, Sanjeev, Jagvir, Pushpendra and Gopal have been convicted under Sections 148, 302, I.P.C. Dharmendra and Narendra have been sentenced to two years R.I. under Section 148, I.P.C. and they have also been sentenced to death by hanging them till their death under Section 302, I.P.C. Appellant Jagvir, Pushpendra, Sanjeev and Gopala have also been convicted under Sections 148 and 302, I.P.C. and they have been sentenced to undergo imprisonment for life under Section 302, I.P.C. and R. I. for two years under Section 148, I.P.C.

(2.) The Lower Court has also referred the matter for confirmation of death sentence awarded to Dharmendara Singh and Narendra Yadav by hanging them till their death.

(3.) The prosecution case, briefly stated, is that accused Dharmendra Singh, Jagvir Singh and Pushpendra Singh are residents of village Kamra Bagh, P.S. Mursan, District Aligarh while Narendra Yadav, Sanjeev and Gopal Kor and residents of Nagla Babu within the same police circle of Police Station Mursan, District Aligarh. Chandra Mohan and his family members had purchased 131/2 Bighas of agricultural land of village Khargu, Kothi and half share of Haveli with temple of village Karma Bagh from Shiv Saran Singh and Mahavir Saran Singh, who were grand-fathers of Dharmendra Singh accsued, who was himself interested to purchase the same. As such Dharemndra Singh bore enmity against Chandra Mohan Singh complainant. The complainant was residing with his family members in the half portion of the Haveli while Dharmendra Singh was residing in another half portion of the Haveli in village Kamra Bagh. Km. Reeta, daughter of Chandra Vir Singh, another brother of the complainant, was studying in Class X in Mursan town. Narendra accused used to tease and outrage her modesty in her coming from and going to school. The complainant made a complaint to the family members of Narendra. Sanjeev Yadav and Gopal Kori are his friends. Narendra with his companions Sanjeev Yadav and Gopal Kori used to meet Dharmendra Singh at his residence in his portion of the Haveli. Purshpendra alias Pappu and Jagvir visited the house of Dharmendra Singh where they were entertained with food and drinks. About 4 or 5 days prior to the date of incident, Km. Reeta niece of the complainant, had gone to cattle pond for reparing cow dung cake where Narendra again tried to outrage her modesty and threatened her that in case she makes a complaint against him on this occasion that would not be proper. She returned to her house and reported the mater to her uncle, the complainant, who along with Narendra Singh, his nephew, went to Narendra Yadav and beat him which infuriated him against the complainant and Km. Reeta. On 26-5-1994 the complainant along with his brother Chandra Pal Singh and nephew Ajai Singh went to village Salot to attend a marriage party at the house of Hardam Singh by a scooter and they returned at about 3.00 a.m. in the night of 26/27-5-1994 to their house in village Kamra. Bagh. As soon as they reached near the temple which is also near the Haveli and saw Dharmendra Singh, Pushpendra alias Pappu, Jagvir residents of village Kamra, Bagh, Narendra, Sanjeev and Gopal Kori coming out of the Haveli holding knives in their hands. All the three persons identified them in the head light of scooter, electric bulb outside the Haveli and moon light. The complainant also asked Dharmendra as to why they were running but all the accused persons quietly ran away. The complainant with his brother and nephew entered into the Haveli and found a petromax lantern burning on the partition wall and Pitamber Singh, Narendra, Ravindra Singh, Km. Reeta, Smt. Ramwati lying dead in the court yard, as a result of injury sustained by them. They had been killed by Narendra and others. Chandra Mohan Singh dictated the F.I.R. to Sanjay Singh and sent it through Chandra Pal for lodging the same at police station Mursan, which was registered at 7. 05 a.m. on 27-5-1994 at police station Mursan, District Aligarh.