- (1.) NASEEMUDDIN, J. Krishna Murari alias Murli aged 50years son of Ram Jagat, (2) Raghava Ram Verma aged 65 years, son of Nanku Varma, (3) Kashi Ram Varma, aged 19 years, son of Teedi Varma and (4) Ram Mailan Varma, aged 55 years, son of Ram Avadh Varma residents of Barauli hamlet of Kalyanpur Chhitona, P. S. Tarun, District Faizabad were convicted of the charges of offence punishable under Sec tion 302 read with Sections 149 and 148, IPC and each of them was sentenced to be hanged separately till they are dead and rigorous imprisonment for a term of one year each respectively and (1) Ram Kripal Varma and (2) Ram Tilak Varma residents of village Balli Kripalpur, P. C Tarun dis trict, Faizabad were acquitted of the charge of offence punishable under Sec tion 120-B, IPC by Sri A. H. Khan, X Addi tional Sessions Judge, Faizabad on 21-12-1999 in Sessions Trial No. 85 of 1995. The learned Sessions Judge has submitted the proceedings to this Court for confirmation of death sentences. The four aforemen tioned appellants have preferred appeals against the judgment and order of convic tion and sentence separately from Jail (Cr. Appeal Nos. 25 to 28 of 2000), as well as through their counsel which is Cr. Appeal No. 14 of 2000. The informant com plainant Rama Kant Varma has filed Cr. Rev. No. 14 of 2000 against the judgment and Order of acquittal of Ram Kripal Varma and Ram Tilak Varma aged 35 and 42 respectively. The above- mentioned ref erence, appeals and revision were heard together and are being decided by this one common judgment and order as these are against the same judgment and order.
(2.) AN F. I. R. was lodged at 6. 300 a. m. on 11-11-94 at Police Station Tarun by P. W. 1 Rama Kant with the allegation that his cousin Girish Varma was sleeping in the room of the tube-well alongwith him, his grand-father Sukhai and his uncle Ram Naresh were sleeping under the Chhappars near the tube-well, his brother Umakant Varma (PW-2) was sleeping under the "saria" for looking after the cat tle. That Sukhai and Ram Naresh raised alarm of "bachao" (help, at which Ramakant alongwith Girish came out of the tube-well room after opening its door, and saw that Krishna Murari and Kashi Ram by means of Gandasa and Raghave Ram and Ram Milan by means of Banka, and 2-3 others, who had muffled/covered their faces by means of cloth, were causing injuries to Sukhani and Ram Naresh. Ram Dev, another uncle of the informant, was sleeping south of the lube-well under the Chhappar. That Ramakant and Umakant and Girish tried to rescue the victims but the assailants attacked Girish and Ram Dev also by means of these weapons. Rama Kant and Uma Kant escaped and ran into the field of sugracane and also raised alarm. It was night time 2. 30 a. m. on 11-11-1991 (in between the night of 10th and 11th November, 94 ). Due to cries and alarm raised by them Ram Tej father of informant and several villages came with Lathies and torches. The assailants ran away towards south. It was further alleged that the four appellants were seen and identified by Rama Kant (PW- 1), Uma Kant (PW 2), Ram Tej and villagers in the torches light and in the electricity light. It was also alleged that litigation in respect of land had been going on in between the victims and appellant Krishna Murari. The cattle of Krishna Murari were sent to the house of Ram Kirpal ten days prior to the occurrence and he had also sent his family out of the village to his wife's house in another village. Rama Kant further al leged that in the morning Daljeet Singh (PW 3) r/o village Jaisingh Mau and Hari Om (P W 4) r/o village Teekri told him that on 10-11-94 at 9. 00 p. m. appellants were seen by them taking non-vegetarian food alongwith Ram Tilak and Ram Kripal a; the shop of Ram Kripal. Ramakant there fore alleged his suspicion against Ram Kripal and Ram Tilak as the persons who were instrumental in the commission of this crime conspiring with the appellants. All the four victims had died on the spot. Leaving them there as such on the spot, he lodged the written report (Ext. Ka-1) at the P. S. , where its check report (Ex. Ka-16) and G. D. entry (Ex. Ka-17) was prepared by Ram Harsh Yadava, (P W12), head con stable and thus a case crime No. 156 of 1994 was registered. Investigation was given to the Station Officer of the PS. PW 10 Sudhakar Pandey, who at the time of registering of the case, was busy in his duty at Ayodhy in "chaudah Kosi Parikarima", and who on receiving information of this case reached P. S. Tarun, and obtained copy of the FIR and other relevant papers from the P. S. , and reached the spot of occur rence in village Barauli at about 9. 00 a. m. and found there other police personnel including Riaz Khan of P. S. Haiderganj and Sibte Haider SSI (PW 13) of P. S. Tarun. He got the inquest reports of the dead Sukhai and Ram Naresh prepared through Riza Khan S. I. (Riaz Khan died before the evidence and the inquest reports and connected papers Ext. Ka. 25 to Ext. Ka. 36 were proved by Ram Narian Pendey (PW 14)); and also got the inquest reports in respect of deceased Ram Dev and Girish prepared through PW-13 Sibte Haider S. I. (Ex. Ka. 17,18and Ka. 20 to Ka. 24) under his supervision and direction. He sent the dead bodies for post- mortem examination to Faizabad thorough con stables at about 12. 15 p. m. on that very day viz, 11-11-1994. P. W. 10 Sudhakar Pandey I. O. took down the statements of Rama Kant Varma (PW 1), Manik Lai Varma (PW 7) and Munnal Lal (PW 8 ). He inspected the place of occurrence at the pointing out of the witnesses of fact and prepared the map of the site (Ex. Ka. 6 ). He found the dead-body of Sukhai on a cot and found Kathri and Chadar and Razai thereon stained with the blood of the deceased and found blood-stains on the wall and prepared its recovery memo (Ex. Ka. 7) and sealed these articles with the material taken from the wall as well. Similarly the dead-body of Ram Naresh was on a cot with Angocha, Kathri, Chadar, another coloured Chadar and one bush-shirt stained with his blood, with stains of blood on the wall and the memo (Ex. Ka. 8) thereof was also prepared and articles with material of blood on walls were sealed separately. In the same manner dead-body of Ramdev was found on the cot with Kathri, Chadar Banyan, Gamchha stained with blood and blood was found on the ground near the cot. These articles were sealed and blood stained and simple earth was taken and sealed separately and memo (Ex. Ka. 9) was prepared by him. The bedding consist ing of Kathri Razai and 2 Chadars and Tehmad of Girish deceased were found on the cot which were also stained with blood. The dead-body of Girish was found in a pit (Gaddha) where his blood had also fallen down. Blood-stained and simple earth was taken into possession and was sealed separately by the I. O. and memo of this and other articles was prepared (Ex. Ka. 10 ). Then statements of Manik Ram etc. were taken down (vide Ex. Ka. 11 to Ka. 14 hostile witnesses ). He arrested Kashiram, Raghava Ram and Ram Tilak the same day. He was transferred from Tarun P. S. on 13-11-94. The investigation then was con ducted by his successor PW-11 Ashutosh Sharma, who arrested Ram Milan and recorded the statements of remaining wit nesses and then submitted charge-sheet (Ex. Ka. ] 5) against the six named persons. Post-mortem on the dead bodies was conducted by Dr. O. P. Khattri (PW-9 ).
(3.) THE trial Court framed charges under Section 302/149/148, IPC against the four appellants and under Section 120-B, IPC only against the two acquitted per sons. All the six persons alleged false im plication due to enmity and pleaded not guilty. In defence DW-1 Head Constable Nahar Singh of the C. B. CID Dog Squad Headquarter, Lucknow, was examined. To prove that case the prosecution examined PW-1 Ramakant and PW-2 Umakant, the two brothers and P W-3 Daljeet Singh PW-4 Hari Om, PW-5, Amar Jeet Singh, P W-6 Milhai Lal, P W-7, Manik Ram Varma and PW-8 Muuna Lai on the factum of occurrence and the circumstan-ces,pw-9dr. O. P. Khattri was examined to prove the post-mortem examination of the four injured. PW-10 Sudhakar Pandeyand PW-11 Ashutosh Sharma are the Inves tigation Officers, PW-12 Ram Harsh Yadava, Head Moharrir proved FIR and GD only. PW-12 Sibte Haider and PW-14 Ram Narain Pandey proved the inquest reports of the four persons.;