SURENDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS ap ­peal under section 374(2) of the Code of Criminal Procedure (in short 'the Cr.P.C.') has been preferred against the judgment and order dated 13.9.2001 passed by Sri Kamal Singh, the then Additional Sessions Judge, Court No. 2, Farrukhabad in S.T. No. 164 of 1999, whereby the appellants (1) Surendra; (2) Nasar; (3) Diwari lal and (4) Naipal (hereinafter referred to as "the ac ­cused") have been convicted and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/ - with additional imprison ­ment for two years in default of payment of fine under section 302 read with section 34 of Indian Penal Code (in short 'the IPC).

(2.) THE incident resulting in the death of three persons, namely Risi Ram, Ram Pal and Ram Prakash occurred on 23.12.1998 at about 8.00 p.m. in village Gadhi -Nangla, situated within the limits of P.S. Sham -shabad, District Farrukhabad. The First Information Report was lodged by the complainant Ram Das S/o Rameshwar (P.W. 5). The case of the prosecution as ap ­pearing from the FIR Ext. Ka -15 and state ­ments of the complainant and other eye ­witnesses, in brief, is that on 23.12.1998 at about 8.00 p.m., the accused Surendra and Nasar, both sons of Tulsi Ram and Diwari lal S/o Guljari lal, all residents of Gadhi -Nangla, hamlet of Sultanganj and accused Naipal Singh S/o Tulsi Ram Dhobi of Vil ­lage Sultanganj came at the house of the complainant to have talks about the bail of his brother Sukh Ram, who was in jail. The accused persons began to have talks with Risi Ram, elder brother of the complainant. His brother -in -law (behnoi) Ram Prakash S/o Mewa Ram resident of Village Vira -ham Pur, P.S. Bhogaon. District Mainpuri, was also sitting there. The accused Naipal Singh asked the complainant to call his brother Ram Pal, as they want to have talks with him also. The complainant called his brother Ram Pal from his madhaiya. They all began to have talks sitting under the chhappar of the house of complainant. The accused Naipal Singh carried Ram Pal out ­side from the chhappar and began to talk with him separately and during talks, he fired on Ram Pal from the tamancha. At the same time, the accused Surendra, Diwari lal and Nasar, who were sitting under the chhappar, also began to fire, due to which Risi Ram and Ram Prakash sustained inju ­ries. Thereafter, the accused persons mak ­ing fires fled away towards their houses. Ram Pal and Risi Ram succumbed to the injuries instantaneously. This incident was witnessed by the complainant Ram Das (P.W. 5), his mother Smt. Ram Devi (P.W. 1), Smt. Jharna Devi (P.W. 2), wife of the deceased Risi Ram and Smt. Premwati (P.W. 8), wife of the deceased Ram Pal. At the time of incident, fire was burning under the chhappar and dibbi was also litting. Further case of the prosecution is that due to the injuries sustained in this incident, the injured Ram Prakash also died on 3.1.1999 in his village.

(3.) PRELIMINARY investigation of the case was carried out by S.I. Shyam Sunder Sisodia P.W. 3, who was present at P.S. Shamshabad at the time of registration of the FIR. He reached at the place of incident accompanied by other police personnel and conducted inquest proceedings on the dead bodies of deceased Ram Pal and Risi Ram, during which, inquest reports Ext. Ka -5 and Ext. Ka -6 with connected papers Ext. Ka -7 to Ext. Ka -12 were prepared and thereafter both the dead bodies in sealed condition were sent for post -mortem ex ­amination through the constables Jaipal Singh and Shadilal.