YOGENDRA KUMAR SANGAL,J. - (1.) IN Session Trial No. 137/1979, State v. Shakeel Thakur and 13 others. VIth learned Additional Session Judge, Barabanki vide order date 31.7.1980 has acquitted all the accused of the case for the charges levelled against them. An appeal preferred on behalf of the Stall against this judgment and order an application to grant leave to file I appeal was moved under Section 37 (3), Cr. P.C. This application allowed vide order dated 21.7.1981 and appeal was admitted for hearing on the same day. Accused respondents have put in their appearance in the Court. During the pendency of the appeal, this Court received report that one of the respondents Chhote Lal had expired hence orders for abatement of appeal against him already passed.
(2.) FACTS of the case briefly stated as under: An F.I.R. was lodged by one Malik Ram of village Pansara. P. S. Patranga, district Barabanki at P.S. concerned with the averments' that in the "gona" ceremony of his younger brother his sister Yashodhara alongwith her son Ramanand aged 20 years came at his house. Ramanand was having illicit relation with one Shiv Kumari (Shiv Kumara) daughter of Ram Abhilekh of village Patranga. One Shakeel Thakur of village Belkhara was also having ill-eyes on Shiv Kumari and he wanted to keep her with him. Shakeel Thakur was annoyed with Ramanand. On 16.3.1979 at about 3.00 p.m., when Ramanand was returning to his house, Shiv Kumari met him in the lane of the village. Shakeel Thakur alongwith Ali Razza alias Betharma and Ishtiyak came there and they caught hold Ramanand and Shiv Kumari in the lane near the tubewell and started beating them with "lathis" and "dandas". Witnesses Ramphal and Baldeo saw the occurrence. Shiv Kumari and Ramanand were brought near the "Neem Tree" of Mohan resident of the same village where Ramanand was hanged with the branch of the tree with the help of rope and they both, i.e., Ramanand and Shiv 'Kumari were again beaten there. Rest accused Chhedi, Ram Pher, Chhote Lal, Banwari, Dhanpat, Nirdhun, Ram Abhilekh, Ram Tilak, Shiv Sharan, Dulare and Lalta having "lathis" and "dandas" in their hands also reached there and they started to beat Ramanand. Swamideen and Kalideen alongwith other villagers reached there and they objected their "mar-peet", but they were rebuked and chased by the accused persons. Shakeel Thakur had expressed his intention there to kill Ramanand and threw his body in the "Ghaghra Riuer". Ramanand and Shiv Kumari then brought at the bank of "Ghaghra River". In the way. Shakeel Thakur had forcibly taken sickle from one Smt. Indrani afias Chhutka who was working in her field. With the help of sickle, he committed murder of Ramanand and threw his body into "Ghaghra River". This incident was witnessed by Ram Samujh, Mithu and Ram Nath, etc. Thereafter, they have taken away Shiv Kumari towards East on the bank of river. In F.I.R. it was also apprehended by the informant that accused persons might have committed murder of Shiv Kumari also. In the next day morning, he reported the matter to the police. On his oral information, a case was registered under crime No. 33 under Sections 147. 323. 302 and 201, I.P.C. against all the 14 accused persons. Investigation of the case was started. During the course of investigation, murder of Shiv Kumari was also reported to the Investigating Officer. After completing the investigation, he submitted the charge-sheet against all the 14 accused persons named in the F.I.R. Learned Magistrate after taking cognizance in the matter, committed the case to the Court of Session. Accused persons were charged to face the trial for the offences under Section 302, I.P.C. etc., but they have pleaded not guilty and claimed their trial.
(3.) ON behalf of the prosecution, P.W. 1 Malik Ram, who lodged the F.I.R. (not the eye-witness); P.W. 2 Baldeo eye-witness; P.W. 3 Yashodhara another eye-witness and mother of Ramanand deceased; P.W. 4 Kalideen eye-witness; P.W. 5 Smt. Indrani witness of the fact that Shakeel Thakur had taken away sickle from her forcibly; P.W. 6 Ram Samujh and P.W. 7 Bhagirath another eye-witnesses of the occurrence were examined. P.W. 8 Head Constable Surendra Singh, who proved the chik report Exhibit-Ka-1, entry in G.D. Exhibit-Ka-3 about registration of the case. He also proved G.D. entry about the facts that articles brought in sealed cover from the place of occurrence and also proved another entry of G.D. Exhibit-Ka-5 about sending these articles to "malkhana". P.W. 9 Ram Narayan Misra Investigating Officer of the case who proved the site plan. Jard recovery of broken bangles, fard recovery of "chhapal" and "towel", fard about collecting the mud blood-stained sample and also charge-sheet alongwith report of chemical examiner available on the record.;