RAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.M. Zaidi, Senior Advocate, assisted by Sri M.J. Akhtar, Sri Vivek Kumar Singh and Sri Sajjad Alam, for the accused-appellants, Sri Amit Daga and Sri Anoop Kumar Rawat, for the informant, Sri Anil Kumar Kushwaha, A.G.A. and Sri Nafees Ahmad, A.G.A., for State of U.P.

(2.) Rajendra, Anuj, Suraj, Manu Pal and Ranvir have filed aforementioned appeals from the judgment of Additional Session's Judge/ Special Judge, Muzaffarnagar, dated 19.07.2010/20.07.2010, passed in S.T. No. 407 of 2006, State vs. Ranvir and others , [arising out of Case Crime No. 363 of 2005, under Section 147 , 148 , 149 , 302 of Indian Penal Code, 1860 (hereinafter referred to as the IPC )], S.T. No. 408 of 2006, State vs. Ranvir (arising out of Case Crime No. 370 of 2005, under Section 25 / 27 Arms Act, 1959), S.T. No. 409 of 2006, State vs. Ranvir (arising out of Case Crime No. 371 of 2005, under Section 25 / 27 Arms Act, 1959), S.T. No. 410 of 2006, State vs. Suraj (arising out of Case Crime No. 390 of 2005, under Section 25 / 27 Arms Act, 1959), S.T. No. 411 of 2006, State vs. Anuj (arising out of Case Crime No. 383 of 2005, under Section 25 / 27 Arms Act, 1959) and S.T. No. 412 of 2006, State vs. Manupal (arising out of Case Crime No. 389 of 2005, under Section 25 / 27 Arms Act, 1959), Police Station Babari, district Muzaffarnagar, convicting the accused-appellants, under Section 302 read with Section 149 IPC and sentencing for imprisonment for life and under Section 148 IPC and sentencing for three years rigorous imprisonment to them. All the accused were acquitted from the charges under Section 25 / 27 Arms Act, 1959. The informant has filed Criminal Revision No. 3936 of 2010, for enhancement of the sentence to the accused. Anuj (appellant-2) has died during pendency of the appeal and the appeal has been abated for him.

(3.) On the written complaint (Ex-Ka-1) of Satya Pal Singh (PW-1), FIR (Ex-Ka-3) of Case Crime No. 363 of 2005 was registered under Section 147 , 148 , 149 , 302 IPC at P.S. Babari, district Muzaffarnagar on 18.12.2005 at 11:30 hours, by Constable Clerk Krishna Pal Singh (PW-3), against Ranvir, Manu Pal, Suraj, Rajendra and Anuj. It has been stated in the FIR that on the date of incident the informant alongwith his uncle Jawahar Singh were returning to the village from their tube-well. When they reached near the field of Karan Singh son of Dilip then his wife Kaushalya and Smt. Santosh wife of Jasveer reached there fetching meal from the village. At about 10:30 hours, Ranvir son of Mula, Manu Pal son of Ranvir, Suraj son of Ranvir and Anuj son of Rajendra, armed with pistol and Rajendra son of Mula armed with tabal also reached there. Ranvir stated that long drawn litigation was going on between them and they do not abide by the judgment. Ranvir, Manu Pal, Suraj and Anuj opened fire from their pistols upon Karan Singh, Jasveer and Gajendra with an intention to kill them. Rajendra started assaulting Jasveer by his tabal. Seeing the incident, the informant, Jawahar Singh, Kaushalya and Santosh fled towards their village. On account of indiscriminate firing and brutal murders, the farmers and labourers, peeling the outer layer of sugarcane in fields, fled away towards the jungle, leaving their work and a panic was created. When the incident was narrated to the villages grief struck all over and large number of men and women reached at the field showing their resentment. The mutilated bodies of Karan Singh, Jasveer and Gajendra, were lying on the spot. In broad day light Five accused persons had committed brutal murder of three persons. On the basis of said written report, FIR was lodged.