VISHNU SAHAI, J - (1.) Seven persons, namely. Ramesh, Jagdish, Putti Lal, Ramrikh, Suraj Prasad, Ravindra Singh and Vishwaraj Singh were charged by the Additional Sessions Judge/Speeial Judge, under the Essential Commodities Act, Hardoi for offences punishable under Sections 148, IPC, 302 read with 149, IPC, 307 read with 149, IPC and 404. IPC. The learned Judge found all of them guilty for offences punishable under Sections 148, IPC, 302/149, IPC and 307/149, IPC. In addition, he found Ravindra Singh guilty for the offence punishable under Section 404, IPC. The learned Judge sentenced Ramesh and Jagdish to death under Section 302/149, IPC and the remaining five persons to imprisonment for life under the said section. He sentenced all seven of them to undergo 7 years' R.I. for the offence punishable under Section 307 read with 149, IPC and 2 years' R.I. for the offence punishable under Section 148, IPC. He also sentenced Ravindra Singh to undergo 2 years' R.I. for the offence punishable under Section 404, IPC. He directed that the sentences of the said persons on all the counts shall run concurrently. Capital Sentence Reference No. 3 of 2001 arises from the statutory reference made by the trial Judge under Section 366, Cr. P.C. for confirmation of death sentences of Ramesh and Jagdish. Criminal Appeal No. 672 of 2001 has been preferred by all the seven accused persons, namely. Ramesh, Jagdish, Putti Lal, Ramrikh, Suraj Prasad, Ravindra Singh and Vishwaraj Singh against the aforesaid convictions and sentences. Since both the Capital Reference No. 3 of 2001 and Criminal Appeal No. 672 of 2001 arise out of a common factual matrix and the same judgment, we are disposing them of by one judgment.
(2.) The prosecution case, in short, is as under : The informant Smt. Reshma (PW- 1) is the daughter of the deceased Babu. In 1981 appellant Ramesh and his brother Naresh, who died prior to the commencement of the trial, fired on the deceased Babu and were sentenced to 7 years' R.I. for the same. The remaining six appellants and one Patte alias Vishambhar Nath, who was not put up for trial for reasons which are not manifest from evidence on record, are the associates of Ramesh and Naresh. Ever since Ramesh and Naresh had been convicted for firing upon Babu, they and the remaining persons started nursing a grudge against Babu. On 25-9-90 at about 7.00 a.m. Babu was sitting along with Abid (P.W. 10) on a cot behind the back of his house, situated in Village Newada Loch within the limits of Police Station Beniganj, District Hardoi. Both of them were peeling corn at that time. Babu had a single barrel licensed gun and a cartridge belt containing seven cartridges along with him. At that juncture, the informant was sitting at the front door of the house. At that time, appellants Ramesh, Jagdish and accused Naresh armed with hand grenades, appellants Putti Lai, Vishwaraj Singh and Ravindra Singh armed with guns, appellants Suraj Prasad, Ramrikh and accused Patte alias Vishambhar Nath armed with country made pistol, came there. Appellants Ramesh, Jagdish and accused Naresh hurled hand grenades on the person of Babu as a consequence of which Babu's head and neck were fatally injured and Abid also sustained injuries. In the meantime, Ravindra Singh picked up the single barrel gun and the belt of cartridges of Babu. Apart from the informant Smt. Reshma, this incident was seen by Idris (P.W. 2), the nephew of the deceased and co-villagers Kallu and Bhelu. Hearing, the sound of bursting of hand grenade a number of persons rushed from the village. Then, those appellants who were armed with guns and country made pistols and accused Patte alias Vishambhar Nath who was armed with country made pistol fired three to four rounds in the air with a view to scare away those who had assembled. After the appellants and others had run away, the informant Smt. Reshma got the FIR scrihed by Idris. Thereafter, I dris read over the same to her and she signed it. Thereafter, Reshma proceeded with the FIR to Police Station Beniganj.
(3.) The evidence of Sub-Inspector Shiv Swaroop Tewari (P.W. 11) shows that on 25- 9-90 (the date of the incident) at about 10.15 a.m. the informant Reshma came to Police Station, Beniganj and lodged her FIR in the presence of ASP R. D. Pandey. On the basis of the FIR a case was registered against the appellants and others and thereafter ASP R. D. Pandey transferred the investigation to S. I. Shiv Swaroop Tewari. It is pertinent to mention that the distance between the place of incident and Police Station Beniganj is six kilometres.;