- (1.) G. P. Mathur, J. Criminal Appeal No. 2007 of 1997 has been preferred by Gajadhar Singh, and Criminal Appeal No. 1963 of 1997 has been preferred by Janardan Singh, Sarvajit Singh, Suresh Singh, Umesh Singh, Mritunjai Singh and Haribhan Chaudhury against the judgment and order dated 20-10-1997 of IVth Additional Sessions Judge, Ballia, in S. T. No. 298 of 1995 and S. T. No. 33 of 1996. By the impugned judgment and order Gajadharu Singh was convicted under Sections 148, 302 and 307 read with Section 149 IPC and was sentenced to two years RI, imprisonment for life and fine of Rs. 5,000 and imprisonment for life, respectively, under the three counts. In default of payment of fine, he had to undergo a further sentence of six months RI. The appellants in Crl. Appeal No. 1963 of 1997 were convicted under Sections 147, 302 read with Section 149 and 307 read with Section 149 IPC and were sentenced to one year RI, imprisonment for life and a fine of Rs. 5,000 and imprisonment for life, respectively, under the three counts. In default of payment of fine, the appellants had to undergo a further sentence of six months RI. The sentences imposed upon the appellants were ordered to run concurrently.
(2.) THE case of the prosecution, as stated in the FIR and as unfolded in the evidence, in brief, is that the accused Gajadhar Singh, Umesh Singh and Suresh Singh are real brothers being sons of Ram Vichar Singh while Sarvajit Singh accused is son of Janardan Singh. Janardan Singh is first cousin of Ram Vichar Singh as their fathers were real brothers. THE remaining two accused, namely, Mritunjai Singh and Haribhan Chaudhury belonged to their group. Janardan Singh was earlier the Pradhan of Gaon Sabha Bankara Saiyed Bukhara. In the election scheduled to be held in April, 1995, the office of Pradhan of the said Gaon Sabha was reserved for a person belonging to backward caste. Janardan Singh then set up Haribhan Yadav (Chaudhury) while the deceased Chandra Bhan Singh set up Ramakant Yadav as candidates for the office of Pradhan. Janardan Singh himself filed his nomination papers for the membership of Block Development Committee while Chandra Bhan Singh deceased proposed the name of Sri Ram Bhar for the said office. THE election for the office of Pradhan commenced in the morning of 7-4-1995 and the polling station was in the primary school of the village. Chandra Bhan Singh was also the polling agent of Ramakant Yadav Shortly after commencement of the polling, Janardan Singh and some persons of his group started creating disturbance and resorted to rowdyism. Chandra Bhan Singh asked them not to create any disturbance and to allow the poll to be conducted in a peaceful manner. Janardan Singh then exhorted his companions that he should be beaten. THEreafter Janardan Singh and Sarvajit Singh each caught one hand of Chandra Bhan Singh and Gajadhar Singh fired from a country- made pistol upon him and the shot hit upon his chest. Shivjit Yadav, Deedan Singh and Keshav rushed forward to save him but the appellants Suresh Singh, Umesh Singh, Mritunjai Singh and Haribhan assaulted them with lathis. Chandra Bhan Singh fell down and died on the spot. THE injured Keshav Singh, Shivji Yadav and Deedan Singh thereafter went to PHC Siyar where medical aid was given to them and they were also medically examined. Keshav Singh got the FIR of the incident scribed by Raghav Singh and lodged the same at 12. 40 p. m. at P. S. Ubhav which is at a distance of 4 miles from the place of occurrence. Pw 6 Udai Bhan Singh, clerk-constable, registered a case in the general diary on the basis of FIR lodged by Keshav Singh. CW 2 Subhash Chandra Sonkar, SI commenced investigation of the case and immediately proceeded for the spot. The dead-body of Chandra Bhan Singh was lying in front of the building of primary school in village Bankara Saiyed Bukhara. He found blood on the spot and collected plain and bloodstained earth from there and prepared its recovery memo. He also prepared a site-plan with the assistance of Keshav Singh and his statement under Section 161 Cr. P. C. was also recorded by him. After completing other formalities, the body was sealed and was sent for post-mortem examination. Subsequently, the investigation was handed over to Pw 7 T. P. Nanda, who recorded statements of some other witnesses. Thereafter, the investigation was completed by Umesh Chandra Jaiswal, S. O. of PS Ubhav who submitted charge-sheet on 26-6-1995 against all the accused except Mritunjai Singh. The charge-sheet against Mritunjai Singh was submitted subsequently on 25-10-1995. The CJM, Ballia, took cognizance of the offence and committed the case to the Court of Session. The Ist Additional Sessions Judge framed charges under Sections 148, 302 and 307 read with 149 against Gajadhar Singh and charges under Sections 147, 302 and 307 both read with Section 149 IPC were framed against the accused Janardan Singh, Sarvajit Singh, Suresh Singh, Umesh Singh and Haribhan on 4-11-1995. Mritunjai Singh was also charged under Sections 147, 302 and 307 both read with Section 149 IPC on 22-2- 1996. The charges were explained to the accused who pleaded not guilty and claimed to be tried. The prosecution in support of its case examined 7 witnesses including 3 eye-witnesses of the incident and filed some documentary evidence. The accused examined one witness in their defence. At the direction of the Court, three persons were examined as Court witnesses. The learned Sessions Judge believed the case of the prosecution and convicted and sentenced the accused as stated above.
(3.) WE have heard Sri G. S. Chaturvedi, learned Senior Counsel for the appellants, S/sri G. P. Dixit and Viresh Misra for the complainant, learned AGA for the State and have examined the entire record. Pw 1, Keshav Singh, is the real brother of the deceased Chandra Bhan Singh and is the first informant of the case. In his examination-in-chief, he has given details of the inter se relationship of appellants Gajadhar Singh, Umesh Singh, Suresh Singh and Janardan Singh and his son Sarvajit Singh and has further stated that Mritunjai Singh belonged to their group. He has deposed that Ramakant Yadav been set up by the deceased Chandra Bhan Singh while Haribhan Yadav (Chaudhury) had been set up by Janardan Singh for contesting the election for the office of the Pradhan of the Gaon Sabha. Regarding the main incident he deposed that polling started at 7 a. m. on 7-4-1995 in the primary school. The members of the group of Janardan Singh resorted to rowdyism which was objected to by Chandra Bhan Singh who asked them to allow the polling to be completed peacefully. Hearing this, Suresh Singh, Mritunjai Singh and Haribhan, who were all armed with lathis ran forward exhorting that he should be shot dead. Janardan Singh and Sarvajit Singh then caught hold of one hand each of Chandra Bhan Singh and Gajadhar Singh fired upon his chest from a country-made pistol. The witnesses Shivji Yadav and Deedan Singh moved forward but the four accused armed with lathis assaulted them, and thereafter, they ran away. Chandra Bhan Singh fell down and dies on the spot. He further stated that he and other injured persons then went to PHC Siyar where they were medically examined. Thereafter, he dictated an FIR of the incident to Raghav Singh and took the same to the police station and delivered it to the concerned clerk-constable.;