MANGAL ALIAS BHOTU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The aforesaid three appeals and the death reference arise out of the judgment in S.T. No. 43 of 1995 dated 2-5-1998 recorded by the Spl. Judge (Dacoity Affected Area), Banda. By his judgment and order the trial Judge had convicted appellant Purushottam Kekwat and Bhondu alias Mama under Sections 302/149, IPC and had sentenced them to death. The death sentence necessitated the reference in question. These two appellants were also convicted for offencess under Sections 364-A and 201, IPC and each was sentenced of life imprisonmentk and to R.I. for five years for the respective offences. The appellants Mangal alias Bhotu, Purri Lal alias Baba and Munna alias Chhotu were also convicted for offences under Sections 364A and 302/149, IPC for which each was sentenced to life imprisonment. There was further conviction of these persons under Section 201 IPC for which each was sentenced to R.I. for five years. The trial Judge had directed that the sentence were to run concurrently. These appellants were charged also for offences under Sections 402/412, IPC for which they were acquitted. There was a further charge against Purri Lal under Section 25 of Arms Act and he was acquitted so far this charge was concerned. The appellants Purri Lal and Munna alias Chhotu preferred their appeals from Jail and they are still in jail. For the other appellants also there was no order for bail upon the regular appeals filed by them and they are also in jail serving out the sentence imposed on them.

(2.) The prosecution was initiated on the basis of an FIR lodged on 10-6-1993 at 6.30 p.m. at PS Mau, Distict Banda, by one Tribhuvan Pal for an incident dated 9-6-1993. It is stated in the FIR that on that date one Ram Babu and the complainant Tribhuvan Pal had gone to the jungle for fetching firewood. Five armed persons surrounded them and asked their names and address. One of them had covered his face.After such interrogation the miscreants tied them up and fixed a sum of Rupees 20,000/- as ransom for release of Ram Babu. They were taken and roamed in the jungle and the complainant was released at about 11 p.m. so that he may collect the ransom and pay it. He made a report in the house of Ram Babu, who happened to be his brother-in-law, and came back to the jungle with villagers and police guards in search of abducted Ram Babu and the miscreants. He claimed to be able to idenify the miscreants if seen again.

(3.) On the next day i.e. on 11-6-1993 the chowkidar of village Kotra Khamba made a report at thana Mau at about 6.30 a.m. that the dead boty of Ram Babu who was abducted on 9-6- 1993 was lying in the water of Kotra Khambha bandha and some other dead bodies were also there. The initial FIR on the report of Tribhuvan was under Section 365 IPC but upon the subsequent report of the chowkidar, the crime Case No. 120 of 1993 under Section 365 IPC was converted to one under Section 302, IPC. Subsequently, a blood stained axe was recovered from near one of the dead bodies which was claimed by Tribhuvan Pal as the one carried by him to the jungle and which was taken away by the miscreants from him. A piece of paper with certain writing, purporting to be made by one Rampa Pahelwan admitting demand of ranson and killing of these persons for non-payment, was also recovered from near the place of incident. Subsequently, the prosecution alleged that this letter was written by the present accused Purshottam. The other dead bodies were also identified as Shyam Kewat, Keshav Kewat, Lotun Kewat Gaya Prasad and Gilla. It appears that furthermore dead bodies were also found near the spot.