- (1.) FOR committing a carnage wherein twenty-one persons were killed and a large number of houses were set on fire eleven persons, namely, Chandrika, Mahabir, Puttu, Bahadur, Ram Pal, Chhatrapal, Dayal, Jagganath, Kallu, Ram Prasad and Mahesh were tried by the Additional Sessions Judge, Sitapur. Chandrika, Mahabir and Puttu died during the pendency of the trial. The remaining eight others, namely, Bahadur, Ram Pal, Chhatrapal, Dayal, Jagganath, Kallu, Ram Prasad and Mahesh were found guilty by the learned trial Judge for various offences.
(2.) CRIMINAL Appeal No. 830 of 2001 has been preferred by Bahadur and Ram Pal and CRIMINAL Appeal No. 943 of 2001 by Chhatrapal, Dayal, Jagannath, Kallu, Ram Prasad and Mahesh. The aforesaid appeals have been directed by the said persons against the judgment and order dated 25-8-2001, passed by Addl. Sessions Judge, Sitapur, in Sessions Trial No. 79 of 1985, whereby they have been convicted and sentenced in the manner stated hereinafter: Dayal Jagganath Chhatrapal; under Section 147 IPC to one year's R. I. each. Bahadur, Ram Pal, Kallu, Ram Prasad and Mahesh; under Section 148 IPC to two years' R. I. each. Chhatrapal, Kallu, Jagannath, Dayal, Ram Prasad and Mahesh; under Sections 302 IPC read with Section 149 IPC. 436 IPC read with 149 IPC, 440 IPC read with 149 IPC and 307 IPC read with 149 IPC to imprisonment of life under the first count, to 10 years R. I. and to pay a fine of Rs. 2,000 in default to undergo one year's S. I under the second count, to three years R. I. and a fine of Rs. 1,000 in default to under go one year's S. I. under the third count and to ten years' R. I. and to pay a fine of Rs. 2,000 in default to undergo one year's S. I. under the fourth count. Ram Pal, Bahadur, Chhatrapal, Dayal and Ram Prasad; under Section 452 IPC to five years' RI. and to pay a fine of Rs. 2,000, in default to undergo one year's S. I. Bahadur and Ram Pal; under Section 436 IPC read with 149 IPC, 440 IPC read with 149 IPC and 307 IPC read with 149 IPC to ten years' R. I. and to pay a fine of Rs. 2,000 in default to under go one year's S. I. under the first count, to three years' R. I. and to pay a fine of Rs. 1,000, in default one year's S. I. under the second count, and to ten years' R. I. and to pay a fine of Rs. 2,000, in default to undergo one year's S. I. under the third count. Bahadur; under Section 302 IPC to sentence of death. Ram Pal; under Section 302 IPC read with 149 IPC to sentence of death. Capital Sentence No. 4 of 2001 arises from the reference made by the learned trial Judge under Section 366 IPC for confirmation of death sentences of Bahadur and Ram Pal. Since Criminal Appeal Nos. 830 of 2001 and 943 of 2001 and Capital Sentence No. 4 of 2001 arise out of a common factual matrix and judgment, we are disposing them off by one judgment. The prosecution case, as contained in the FIR, runs as under: The informant Ram Lal P. W. 2, Mathura P. W. 3, Jagannath P. W. 4, Smt. Ram Shree P. W. 5, the twenty one deceased persons, and appellants, at the time of the incident, were residing in village Mohiuddinpur within the limits of Police Station Sidhauli, District Sitapur. There was enmity between the informant's cousin Shiv Lal and accused Chandrika, who died before the conclusion of the trial, on account of cutting of a tree. About 1-1/4 years prior to the incident, Chandrika's sons Bhagwan Din and Barati had been murdered and another son of Chandrika- Bhagawati alias Bhabhooti had lodged the FIR in respect of the said murders against ten persons amongst whom were the informant's brother, his family members and associates. On the date of the incident, i. e. 2-1-1985, at about 9. 45 a. m. news spread in village that Bhagawati alias Bhabhooti had been murdered and his corpse was lying in an Arhar field near the village. Fifteen minutes later, Chandrika armed with lathi, his son Bahadur armed with a gun, another son of his Chhatrapal empty handed, his family members Ram Pal and Mahabir armed with gun, Kallu armed with Kanta, Jagannath, Puttu and Dayal armed with lathis, Prasad and Mahesh armed with Bhala, challenging and abusing the informant came to the door of Shivlal and exhorted "aaj Kisi Ko Zinda Nahin Choodengey". Saying this, those armed with guns started indiscriminately firing resulting in Dwarika, his wife Chhedana and his grand-daughter Phoolbasa, who were sitting there, sustaining fire arm injuries and falling dead. Understandingly a commotion was created. The informant Ram Lal, Shiv Din, Shivalal, women and children, and others, who were present there, ran inside the houses. At that juncture, Chandraka's voice was heard. He was saying "in Sabke Charoon Ko Phook Do aur Sab Gharoon Mein Jal Kar Mar Jayen". Thereafter, the accused persons set fire to the houses of the informant and others. This incident was seen by number of villagers. When the informant's house was engulfed in flames the aforesaid accused persons ran away firing. Thereafter, the informant came out of the house and saw Dwarika, Chhedana and Phoolbasa lying dead. As a result of a burnng Chappar falling over Phoolbasa her dead body was burnt. As a consequence of the act of the accused persons, houses of the informant and others were burnt and women and children could not come out of them. In the meantime Chhanga son of Lalla of Laxmanpur came running and told the informant that Bahadur, Ram Pal Mahabir and Puttu had come to his village enquiring about the whereabouts of his associate Sardar and on not learning about them, chased Sardar's son Raju and when Lalla asked them not to chase him, Bahadur fired on Lalla.
(3.) THE evidence of the informant Ram Lal shows that after the incident, he got the FIR scribed by Lekhai P. W. 7, who after scribing it read it over to him and thereafter he affixed his thumb impression on it. THEreafter, he proceeded to police station Sidhauli, to lodge it. The evidence of constable clerk Tikam Singh PW-6 shows that on 2-1-1985 he was posted as constable clerk at police station Sidhauli and at 11. 30 a. m. , the same day, the informant Ram Lal came and lodged his written FIR, on the basis of which he registered the offence vide C. R. No. 6-A, under Sections 147, 148, 149, 436 and 302 IPC; copy of the G. D. entry pertaining to it being Ext. Ka-109. The evidence of Tikam Singh also shows that when the FIR was lodged Inspector Rizwan Haider P. W. 10 was present at the police station and he took over the investigation.;