J.M. Panchal, J. - (1.) The State of Uttar Pradesh has questioned legality of judgment dated April 12, 2002 rendered by Allahabad High Court in Criminal Appeal No. 574 of 2001 by which judgment dated February 20, 2001 passed by the learned Special Judge (EC Act)/Additional District Judge, Farrukhabad in Sessions Trial No. 17 of 1992 convicting the three respondents herein under Section 302 IPC and sentencing each of them to death with fine of Rs. 10,000/- in default RI for two years for commission of murder of six persons is reversed and they are acquitted.
(2.) The facts emerging from the record of the case are as under: The incident in question took place on August 10/11, 1991. The first informant is one Jhabbulal. He, as well as the respondents, are residents of Village Lakhanpur, District, Farrukhabad, Uttar Pradesh. About one year before the date of incident, Sontara, daughter of the respondent No. 1 had eloped with Amar Singh, son of Jhabbulal. On one day, Amar Singh was spotted in the village and on learning that Amar Singh was back in village, the respondents had made an attempt to find him out to assault him and to take revenge. However, Ramwati, wife of Guljari, had learnt about the plans of respondents. She was neighbour of Jhabbulal. Therefore, she had given prior intimation to Amar Singh about the ill designs of respondents to assault him. Thereupon Amar Singh had left the village and this is how his life was saved. Later on, the respondents had learnt that because of the intimation given by Ramwati, Amar Singh had left the village and he could not be targeted. Since then, the respondents were bearing a grudge against Ramwati. It may be mentioned that after 3-4 days Sontara and Amar Singh had returned to the village. It is the prosecution case that at that time, Guljari Lal, husband of Ramwati had suggested the Respondent No. 1, in presence of first informant Jhabbulal to get his daughter married to the son of Jhabbulal. Thereupon, respondent No. 1 had taken exception and told Guljari Lal not to play with the honour of his family. Because of the suggestion made by Guljari Lal, the respondent No. 1 was highly agitated and had animus against Guljari Lal and first informant, Jhabbulal. Some 10 to 15 days prior to the date of incident, Sontara had again eloped with Amar Singh. Due to this reason the respondents had become restive and uneasy with the family of Jhabbu Lal and his neighbour Gulzari Lal. The respondent No. 1, Sri Krishna Master had gone to meet Jhabbulal and told Jhabbulal that Sontara must come back to him by Sunday failing which no one in the world would be able to save him and family of Guljari. Because of the threat given by respondent No. 1, Jhabbulal had gone to the residence of his relatives in search of his son and daughter of the respondent No. 1, but he was unable to trace the missing boy and the girl.
(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 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 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. The learned Additional Sessions Judge to whom the case was made over for trial framed charges against the respondents under Section 302 read with Section 34 of the Indian Penal Code 1860. The charge was read over and explained to them. However, the respondents denied the same and claimed to be tried. The prosecution, therefore, in all, examined nine witnesses including two eye-witnesses and produced documents to prove its case. After the recording of evidence of prosecution witnesses was over, the respondents were explained by the learned Additional Sessions Judge, the circumstances appearing against them in the evidence of the witnesses and recorded their statements under Section 313 of the Code of Criminal Procedure, 1973. In their further statements, case of each of the respondent was that he was falsely implicated in the case and, therefore, should be acquitted. The learned Judge of the Trial Court discussed the evidence of the witnesses in great detail and found that the evidence of the two eye-witnesses was trustworthy, cogent, consistent and reliable. On the basis of testimony of the two eye-witnesses, the Trial Court by judgment dated February 20, 2001 convicted each of the respondents under Section 302 read with Section 34 IPC. The respondents were thereafter heard by the learned Judge regarding sentence to be imposed on them for commission of offences punishable under Section 302 read with Section 34 IPC. After hearing the respondents, the learned Judge awarded capital punishment to each of the three respondents and fine of Rs. 10,000/- in default RI for two years. A direction was given not to execute capital punishment until the same was confirmed by the High Court. It was also directed that the amount of fine paid by the respondents, be given to Madan Lal who was PW2 and son of deceased Guljari as compensation. The learned Additional District Judge, Farrukhabad under a reference sent the documents to the High Court for confirmation of the capital punishment imposed on the respondents. ;