MARKANDE CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred by Markandey Chand, Taj Narain, Chand, Rai Narain Chand, Ram Bhajan Chand, Ram Kripal, Awadhesh, Bechan Yadav, Bela, Girja, Mulhu, Sudhakar Dutt Pandey, Chakdharadhari, Ramdhari, Kamla, Sri Krishan Tiwari, Dasgun and Chhotey Lal challenging their convictions and sentences recorded by Sri S.P. Lal, II Additional Sessions Judge, Gorakhpur vide his judgement and order dated 10th Dec., 1986 in Sessions Trial No. 62 of 1983, connected with S.T. No. 467 of 1982 and S.T. No. 598 of 1982. All the enumerated appellants were convicted under Sections 147 and 332/149, I.P.C. and they were sentenced to undergo R.I. for two years and three years respectively. Tej Narain Chand appellant was further convicted under S.392, I.P.C. and sentenced to three years' R.I. coupled with a fine of Rs. 10,000/- and in default of payment of fine, he was sentenced to one year's simple imprisonment. Together with the appellants, Ram Garak Chand, Ram Sanchi, Nar Singh Chand, Ram Daras Chand, Dinanath Yogendra, Bajrangi Lal., Girish Shukla and Ram Murat had also been prosecuted, but they were let off by the trial Court. There was one more accused, namely, Noor Aalam along with the aforesaid accused persons, but the case against him abated on account of his dying a natural death during the course of trial itself.

(2.) The events preceding the date of occurrence are that on 20-5-1980, Shri Jagjivan Ram, Ex. Deputy Prime Minister and the then President of Congress (Urs) was scheduled to pass through Beura Chauraha within the Circle of police station Gola, District Gorakhpur on way to Varanasi in connection with election compaign for U.P. Assembly. Markandey Chand, appellant was one of the official candidates of the Congress (Urs) party for the election of M.L.A. It is alleged that appellant Markandey Chand had got a rostrum erected near the aforesaid crossing for addressing the gathering by Sri Jagjivan Ram.

(3.) It is said that at about 11.45 am. on 20th May 1980, Shri Jagjivan Ram arrived by Car at the aforesaid crossing escorted by Security guards. There was a heavy rush of people at the place. Shri Jagjivan Ram was accompanied by a V.I.P. escort and District Officials were also accompanying him. According to one estimate about 500 to 600 people had collected at the place. The rush of the people was so heavy at the crossing that the road leading to Varanasi was completely blocked. It is alleged that there was no scheduled programme for addressing the gathering at Beura Crossing by Jagjivan Ram, but Markandey Chand appellant and his followers by blocking the road, wanted his Leader Sri Jagjivan Ram to stop and address the gathering from the rostrum erected there. Sri Jagjivan Ram was not agreeable to stop and address the gathering out of his anxiety to reach Varanasi at the earliest in order to address a pre-arranged meeting there. Consequently, Sri Jagjivan Ram and his Driver both called upon Mahima Rai, Station Officer, police Station Gola, District Gorakhpur, who was on duty there, to clear the crowd mobbing his car in order to facilitate his onward journey to Varanasi. On being called upon, complainant Mahima Rai, Station Officer along with his police force, swung into action dispersing the crowd and cleared the road, with the result that the Car of Sri Jagjivan Ram and other vehicles security guards, began to move on. At the same time, Markandey Chand, appellant, incited and exhorted his companions to kill Mahima Rai, Station Officer on duty at the place in order to stop him from clearing the way for the Car to pass on. Mahima Rai opened fire by his revolver on police party. On being exhorted and incited by Markandey Chand, Tej Narain Chand, appellant brother of Markandey Chand fell upon Mahima Rai and snatched the Service Revolver of Mahima Rai. At the same time 40 to 50 people including the appellants, formed an unlawful assembly and mounted a concerted assault on Mahima Rai and his subordinate constables by means of kicks and fists as well as Denda resulting in injuries to Mahima Rai and the other police personnels on duty with Mahima Rai, namely, Sub-Inspector Triveni Singh, Chandi Prasad Misra, Ramadhan Tiwari and P.N. Tiwari, constables.