LAKSHMI Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
STATE OF UTTAR PRADESH
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Y. K. Sabharwal, J. -
(1.)The first information report (FIR) was recorded on the statement of Sitram father of deceased Ratan and Uncle of deceased Ramesh. Therein the names of accused Roshan and his four sons Lakshmi, Brahma, Kishan Chand and Shyam Sundar are mentioned. The 6th accused mentioned in the FIR is by description viz. - brother-in-law of Ishwar Chand.
(2.)The FIR, inter alia, records that Ishwar Chand of the same village as the informant had been murdered. The murder had taken place in different village, namely, Sondha, Police Station Modi Nagar, District Ghaziabad. Deceased Ratan, Moolchand who is brother of Sitaram and other men accompanied Brahma and Roshan to bring back the body of Ishwar. Ishwar was son of Roshan. After the body of Ishwar had been brought back to the village, when the villagers asked Roshan and his sons to perform the funeral rights (rites) of Ishwar, they said that it would be performed the next day in the morning. Brahma told Ratan that along with the body of Ishwar, they would also burn the bodies of his murders. On this, Ratan told Brahma that first perform the ceremony of Ishwar. Next morning, Brahma and Lakshmi called Ratan and Ramesh, took them into confidence and asked them to get ready for funeral ceremony and to carry their revolver with them and also told them that they were also doing so as they were apprehending some danger. Sitaram, Moolchand, Ratan, Ramesh and other villagers reached the cremation ground to attend the funeral of Ishwar. The funeral pyre was prepared and fire was ignited by Shyam Sunder and the body stated burning. At this stage, when it was about 8.30 a.m., Brahma asked Ratan for his revolver which Ratan refused to give. Roshan and 'sala' (brother-in-law) of Ishwar caught hold of Ratan; Brahma fired with his rifle on the head of Ratan and Lakshmi fired Ratan with the country-made pistol; meantime Kishan Chand and Shyam Sunder fired at Ramesh; there was pandemonium; all started screaming and shouting; Lakshmi removed revolver of Ratan. Sitaram told him that these persons had always helped him and that is how he was repaying on which Brahma said that Ratan had got Ishwar murdered and they have taken revenge. Further, it records that all these people took the dead bodies of Ratan and Ramesh and put the said bodies on the pyre of Ishwar and these bodies also started burning.
(3.)After the investigation, 8 persons were put to trial for offences under S. 147, 148, 302, 149 and 201 IPC. Besides the aforesaid five named persons and Dharamvir-brother-in-law of Ishwar, two other persons who were put to trial were accused No.7 Shatrughan and accused No.8 Baleshwar.
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