MUNNE, ETC Vs. STATE OF U.P.,ETC.

JUDGEMENT

(1.) THE above appeals have their genesis in a composite judgment and order dated 30.11.2006 rendered by the Special Sessions Judge Court No. 3 J.P. Nagar. Criminal Appeal No. 698 of 2007 is a jail appeal preferred by Dharampal appellant. It would appear that ST. Nos. 485 of 2003, State v. Suraj and others; 482 of 2003, State v. Suraj 483 of 2003, State v. Dharampal and 484 of 2003, State v. Munne were knit together for trial by reason of being related to one and the same occurrence and a composite verdict has been rendered. It would further appear that Munne, Suraj and Dharampal appel­lants were convicted under Section 302, I.P.C and out of which Suraj and Dharampal have been sentenced to be hanged till death. Appellant Munne has been sen­tenced to undergo imprisonment for life upon his being held guilty under Section 302/34, IPC. The trial Court also recorded conviction of the accused persons under Section 307. I.PC. and each of them have been sentenced to suffer five years R.I. All the accused persons have further been convicted under Section 354, I.P.C. and each of them have been sentenced to undergo R.I. for two years. The trial Court also recorded conviction of the appellants Suraj and Dharampal under Section 25 Arms Act and sentenced each of them to suffer R.I. for two years. Accused Munne has been further convicted under Section 4/25, Arms Act and sentenced to undergo R.I. for one year. All the accused persons have also been sentenced to pay fine separately on various counts as embodied in the judgement of the trial Court.

(2.) APPELLANT Suraj is represented by Apul Misra, appellant Munne by Sri V.K. Mishra, K.S. Chahar, Sushil Kumar Tiwari and Brahm Singh and appellant Dharampal by Sri Rajiv Gupta. The State is represented by Sri K.N. Bajpai learned Additional Government Advocate.

(3.) THE incident is stated to have occurred on 4.8.2003 and the report of the occurrence was lodged at Police Station Hasanpur at about 5 p.m. by the infor­mant namely, Ram Prasad to the effect that the prosecutrix namely Sumrati daughter of Daulat and Kamlesh daughter of one Futteh Singh of village Kakathaur had gone to the field to collect grass and when they were busy cutting grass in the field adjacent to the field of sugar-cane of Nathu, accused persons who were sitting on the edge of the field, caught hold of the girls and dragged them inside the field. Upon the screams raised by the aforesaid girls, the village people who were present in their respective fields nearby namely, Nanak, Chandrapal, Harpal, Shanker, Ramahar, Nainsukh, Inder, Ramautar, Nathu Singh, Prem Giri, Hari Om Bihari, Gana Pooran .etc. rushed to the rescue of the girls. Upon noticing the village people converging to their side, the accused persons freed the girls from the clutches and began to flee and fired which hit Nanak deceased who slumped down on the ground. However, the village people continued to pursue the accused persons. The accused persons again fired back and this time the fire hit Chandrapal and thereafter, Harpal who fell down. However, the pursuit continued and people of village Hajipur also joined the pursuit. Subsequently, on being informed, the po­lice of PS. Saidanagli also arrived and challenged the accused persons and ultimately, with the coordinated efforts of the police and the public, the accused persons were overpowered at about 7 p.m. near village Hajipura. The accused persons upon being caught by the police disclosed their identity as being Munne, Suraj and Dharampal. The search of their persons yielded country made pistols, cartridges and a dagger. At police station Hasanpur, case was registered at case crime No. 857 of 2003 under Sections 354, 307 and 302, I.P.C. against Suraj, Dharampal and Munne. Another case under Section 307, IPC was also registered at case crime No. 859 of 2003 against the accused Suraj. A third case at case crime No. 860 of 2003 also came to be registered under Section 25, Arms Act against the accused Dharampal. In so far as accused Munne was concerned, a case at case crime No. 861 of 2003 under Section 4/25, Arms Act was registered at RS. Rajabpur.