State Of U.P vs Krishna Master & Ors

2. The facts emerging from the record of the case are as under:

3. On August 10, 1991, Ram Sewak, announced while sitting on Chabutra of Ram Sewak that, at all costs, the girl Sontara should come back. Otherwise, no one would be kept alive even for the name sake. Sontara did not come back to the village. In the midnight of August 10/11, 1991, at about 12 hours, the respondent No.1, i.e., Shrikrishna, the respondent No.2 Ram Sewak and the respondent No.3 Kishori carrying country made pistols in their hands entered the house of Guljarilal by jumping the southern wall of the house. After entering into the house of Guljari, the respondents started firing shots indiscriminately. Because of the gun shots, Guljari, Ramwati, wife of Guljari, Rakesh, Umesh and Dharmendra sons of Guljarilal, were injured. PW2 (Madan Lal) who was sleeping at the place of incident, got up after 5 hearing gun shots and hid himself under the cot. He witnessed the whole incident from there. First Informant Jhabbulal and his wife Lilawati, on seeing this ghastly incident, left their house and while making hue and cry entered the house of Khemkaran. The respondents after killing Guljari and his family made search for the complainant and his family members but they did not find them present in the house. At that very time, Baburam, brother of the first informant, who had entered his shop out of fear, was also dragged out by the respondents from the shop and shot dead. After resorting to indiscriminate firing, the respondents left the village and went towards the south by making two fires in the air.

At the time of incident, the respondents were carrying firearms and, therefore, no one dared to go near them. In the incident, Umesh and Dharmendra who had received injuries were removed to hospital but later on they also succumbed to their injuries. The written report relating to the incident was got scribed by Jhabbulal through a person named Radhey 6 Shyam and it was submitted at the police station at about 3.30 a.m. on 11.8.1991. The Investigating Officer, Mr. Gajraj Singh recorded statements of those who were found to be conversant with the facts of the case. During the course of investigation, he took into possession Ban (the thread by which cot is woven), bed sheets etc. and prepared a memo. He also picked up 315 bore bullet lying near the dead body of Rakesh. Similarly, bullets of 315 bore lying near the cot on which Dharmendra and Umesh slept were also seized. He inspected the place of incident and prepared the sketch. The incriminating articles seized were sent to forensic science laboratory for analysis. He held inquest on the dead bodies and made arrangements for sending the dead body of four persons to hospital for post mortem examination. On completion of investigation, the three respondents were charged sheeted in the court of learned Chief Judicial Magistrate, Farrukhabad for commission of offences punishable under Section 302 read with 34 IPC. In due course, the case was committed to Sessions Court for trial. 7

4. Feeling aggrieved, the respondents preferred Criminal Appeal No.574 of 2001. The reference made by the trial court 9 for confirmation of the death sentence awarded to the respondents, was heard along with the appeal filed by the respondents. The High Court by the impugned judgment has acquitted the respondents and rejected the reference made by the trial court, for confirmation of the death sentence, giving rise to the instant appeal.

20. For the foregoing reasons, the appeal succeeds. The judgment dated April 12, 2002 rendered by the High Court of Judicature at Allahabad in Criminal appeal No.574 of 2001 acquitting the respondents of the offences punishable under Section 302 read with Section 34 IPC is hereby set aside. The judgment of the Trial Court convicting each of the respondents under Section 302 read with Section 34 IPC is hereby restored and each respondent is accordingly convicted under Section 53 302 read with Section 34 IPC. For the commission of offence punishable under Section 302 read with Section 34 IPC, each respondent is sentenced to RI for life and fine of Rs.25,000/- each, in default, RI for two years. Out of the amount of fine, if paid, a sum of Rs.50,000/- be paid to PW2, Madan Lal, as compensation in view of the provisions of Section 357 of the Code. The appeal accordingly stands disposed of.

August 03, 2010.