KIRAN ALIAS KIRNU Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Ant Ram (aged 50 years) and his three sons viz. Jaivir (aged 16 years), Kalloo (aged 19 years) and Omvir (aged 16 years) were brutally murdered on 4-12-92 at about 5. 00 p. m. in the jungle of village Ahrora, police station Jansath, dis trict Muzaffarnagar. Accused appellant Kirnu and his sons Ambrish and Sanjay alongwith one Rakesh were tried and con victed for the said incident by Sri Kartae Singh, the then Vth Additional Sessions Judge, Muzaffarnagar who vide his judg ment and order dated 4-3-1998 convicted them. Accused Kirnu, Ambrish and Rakesh were sentenced to undergo R. I. for a period of 3 years under Section 148, I. P. C. , 7years R. I. under Sections 307/149, I. P. C and a fine of Rs. 10,000/- and in default of the payment of the same to further undergo R. I. for a period of two years. The sentences were to run concur rently. Accused appellant Kirnu, Ambrish and Rakesh were sentenced to death under Sections 302/149, I. P. C. subject to the con firmation of the said sentence by this Court. Accused Sanjay though convicted but was given the benefit of Children Act, he being less than 16 years of age on the date of occurrence and was therefore, not sent to jail. Accordingly the aforesaid criminal reference for the confirmation of the death sentence was submitted by the learned Additional Sessions Judge to this Court. The accused-appellant Kirnu, Ambrish and Rakesh preferred the aforesaid criminal appeals. The com plainant Smt. Anaro preferred Criminal Revision No. 427 of 1998 against the ac cused-appellant Sanjay. Sanjay did not prefer any appeal against the order of his conviction. Since the reference, criminal appeals and criminal revision in question arose out of the one and same judgment, all these matters were heard together and are being disposed of by this common judg ment.

(2.) THE prosecution story briefly stated is as follows: THE complainant Smt. Anaro (P. W. 1) is the unfortunate widow of deceased Ant Ram and mother of deceased Jaivir, Kal loo and Omvir. She was a resident of vil lage Ahrora where her husband Ant Ram was having agricultural land. Accused ap pellant Kirnu was the cousin brother of deceased Ant Ram. He was having litiga tion on the point of land which was going on in the court of Tehsildar Jansath, in which 2-12-1992 was fixed as the date of hearing. THE said date was adjourned to 10-12-1992. Accused appellant Kirnu for-ceably wanted to grab the land belonging to Ant Ram and for that purpose he had called some bad characters from outside the district, a few days before the date of occurrence of this case.

(3.) FURTHER investigation into the mat ter was conducted by S. I. Raghvendra Singh who filed charge-sheet Exh. Ka-37 against the accused-appellants Kirnu, Ambrish, Rakesh as also Sanjay and Sub-hash.