MIJAJI LAL Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the above mentioned connected appeals is the judgment and order dated 27.3.1999 passed by Special Judge (SC/ST Act) Far-rukhabad in S.T. No. 37 of 1996 State v. Mijaji Lal and others. By the impugned judgment and order, the learned Sessions Judge convicted the appellants Mijaji Lal, Gorej Lal, Ramjeet, Raghubeer, Prem Chandra and Kukkoo Mahajan for the of fence under sections 147, 148, 323/149, 324/149 and 302 IPC and sentenced them to life imprisonment for the offence under section 302 IPC and also sentenced them for the offences under sections 147, 148, 323/149 and 324/149 IPC for various terms of sentence. The appellants Prem Chandra, Raghubeer and Kukkoo have separately been convicted under section 3(2)(5) SC/ST (Prevention of Atrocities) Act (in short, "the SC/ST Act") simplicitor and sen tenced them to life imprisonment. Learned Sessions Judge also awarded fine with de fault stipulation.

(2.) THE narration of the prosecution story is as follows: - Ram Swaroop Jatav, real brother of the deceased Shri Krishna, delivered the writ ten report Ext. Ka-1 at the police station Indergarh on 18.6.1996 at about 9:05 a.m. with the allegations that his brother Shri Kirshna and Mijaji Lal, Gore Lal and Ram Jeet Jatav residents of the same village were on cordial relation and had been living in the village. About two years earlier Ram Bux Jatav, brother of Mijaji Lal, disap peared from the village. He was a man of criminal antecedent. No trace was received of Ram Bux since then. Mijaji Lal and his brothers were suspicious and apprehensive that his brother has been murdered by Shri Krishna somewhere else and his dead body has also been disposed of. Due to this rea son, Mijaji Lal and his brothers were hav ing enmity with Shri Krishna and his fam ily members. It is also alleged that in the intervening night of 17/18.6.1996, when the complainant and his brother Shri Krishna along with his family members were lying on the roof of the house and were talking, at about 1.30 a.m. Mijaji Lal, Gore Lal and Ram Jeet along with their companions Raghubir Singh Thakur, Kukku Mahajan and Prem Chand residents of Village Hazipur ascended on the roof duly armed with gun, country made pistol, Kulhari, Takora and Gandasa (sharp edged weap ons). After emerging on the spot i.e. the roof, Mijaji Lal exhorted and instigated other accused persons to kill Shri Krishna and his other family members saying that he is the murderer of his brother Ram Bux and revenge has to be taken today. After exhortation Mijaji Lal opened fire by his gun on Shri Krishna and his other compan ions also started inflicting injuries to Shri Krishna for fulfilment of their common ob ject. Smt. Janak Dulari, wife of the deceased Shri Krishna, Jabar Singh (son), Narma Devi sister of the deceased and Km. Guddi daughter of Narma Devi rushed for rescue of Shri Krishna. All the accused persons inflicted and caused injuries to these per sons by firearm and other weapons. Neck and both the arms of Shri Krishna were severed by the accused persons by their weapons. Leaving the dead body of Shri Krishna on the roof of the house, the in jured persons were brought at the police station.

(3.) ACCUSED persons in their state ments under section 313 Cr.P.C. denied the allegations and evidence of the prosecu tion. It has further been stated by the ac cused persons that deceased Shri Krishna was a known criminal and he was mur dered by some unknown miscreants and that miscreants used to visit at his resi dence. That a false case has been fabricated at the instance of certain villagers. ACCUSED persons examined Constable Chhote Lal D.W.I, who proved the criminal history of the deceased Ext. Kha-1. This witness has also stated in his cross-examination that Ram Bux was also a person of criminal antecedent. There was a criminal history of Ram Bux also and he filed the criminal history of Ram bux Ext. Ka-20.