- (1.) The above appeals and the death reference (capital sentence no. 1 of 2013) arose from same judgment of conviction and order of sentence, thus, are heard together and disposed of by this judgment. 1. Criminal Appeal No. 599 of 2013:- This criminal appeal filed by appellant- Ram Nayak Pandey against the judgment of conviction and order of sentence dated 29.03.2013 & 05.04.2013 respectively passed by Special Judge, Anti Corruption CBI, West/Additional Sessions Judge, Lucknow in Sessions Trial/Case No. 162 of 1993, corresponding to R.C. No. 2 of 1984 SIU.I (hereinafter referred as impugned judgment), whereby he was convicted under Sections 302, 120-B/218 of the Indian Penal Code and sentenced to death for the offences under Section 302 of the IPC. He was further sentenced to undergo rigorous imprisonment for two years for the offence under Section 218 of the IPC. However, no sentence awarded for the offence under Section 120-B of the IPC. 2. Criminal Appeal No. 607 of 2013:- This criminal appeal filed by appellant- Naseem Ahmad against the impugned judgment, whereby he was convicted under Sections 302/120-B, 218 & 193 of the Indian Penal Code and sentenced to undergo imprisonment for life for the offence under Section 302 r/w Section 120-B of the IPC and directed to pay fine of Rs. 15,000/- for the above offence. He was further sentenced to undergo rigorous imprisonment for three years for the offence under Section 193 of the IPC and in addition to that also directed to pay fine of Rs. 5,000/-. He was also sentenced to undergo rigorous imprisonment for two years for the offence under Section 218 of the IPC. 3. Criminal Appeal No. 620 of 2013:- This criminal appeal filed by appellant- Raj Bahadur Saroj against the impugned judgment, whereby he was convicted under Sections against the judgment of conviction and order of sentence, whereby he was convicted under Sections 302/120-B, 218/120-B, 193/120-B of the Indian Penal Code and sentenced to death for the offence under Section 302 of the IPC. He was further sentenced to undergo imprisonment for two years for the offence under Section 218 of the IPC. He was also sentenced to undergo imprisonment for three years and in addition to that further directed to pay fine of Rs. 3,000/- for the offence under Section 120-B/193 of the IPC. It appears that appellant- Raj Bahadur Saroj has also filed a jail appeal against the impugned judgment of conviction and order of sentence, which was separately numbered as Criminal Appeal No. 687 of 2013. However, it appears that vide order dated 16.07.2014, the same has been connected with Criminal Appeal No. 620 of 2013. Thus, for all practical purposes, the aforesaid Criminal Appeal No. 687 of 2013 merge with Criminal Appeal No. 620 of 2013 and disposed of by this judgment. 4. Criminal Appeal No. 626 of 2013:- This criminal appeal filed by appellant- Rajendra Prasad Singh against the impugned judgment, whereby he was convicted under Sections 302, 120-B, 218 of the Indian Penal Code and sentenced to undergo imprisonment for life and in addition to that further directed to pay fine of Rs. 15,000/- for the offence under Section 302 r/w Section 120-B of the IPC. He was further sentenced to undero imprisonment for two years for the offence under Section 218 of the IPC. 5. Criminal Appeal No. 641 of 2013:- This criminal appeal filed by appellant- Parvez Hussain against the impugned judgment, whereby he was convicted under Sections 302/120-B, 218/120-B & 193 of the Indian Penal Code and sentenced to undergo imprisonment for life and in addition to that also directed to pay fine of Rs. 15,000/- for the offence under Section 302 r/w Section 120-B of the IPC. He was further sentenced to undergo rigorous imprisonment for two years for the offence under Section 218 read with Section 120-B of the IPC. He was also sentenced to undergo rigorous imprisonment for three years and in addition to that further directed to pay fine of Rs. 5,000/- for the offence under Section 193 of the IPC. 6. Criminal Appeal No. 652 of 2013:- This criminal appeal filed by appellant-Ram Karan Singh against the impugned judgment, whereby he was convicted under Sections 302/120-B, 218 of the Indian Penal Code and was awarded death sentence for the offence under Section 302 of the IPC. He was also sentenced to undergo rigorous imprisonment for two years for the offence under Section 218 of the IPC. 7. Criminal Appeal No. 709 of 2013:- This criminal appeal filed by appellant- Mangla Prasad Singh against the impugned judgment, whereby he was convicted under Sections 302/120-B, 218/120-B and 193 of the Indian Penal Code and sentenced to undergo imprisonment for life and in addition to that further directed to pay fine of Rs. 15,000/- for the offence under Section 302 r/w Section 120-B of the IPC. He was further sentenced to undergo rigorous imprisonment for two years for the offence under Section 218 of the IPC. He was also sentenced to undergo rigorous imprisonment for three years and in addition to that further directed to pay fine of Rs. 5,000/- for the offence under Section 193 of the IPC. 8. Criminal Appeal No. 996 of 2013:- This criminal appeal has been filed by Central Bureau of Investigation, against part of the impugned judgment, whereby accused Prem Singh acquitted from the charges framed against him under Sections 395, 218, 302/149, 436, 148, 120-B/302, 120-B/393, 120-B/218, 120-B/395 of the Indian Penal Code. 9. Capital Sentence No. 01 of 2013:- The appellants namely Raj Bahadur Saroj, Ram Nayak Pandey and Ram Karan Singh have been awarded death sentence, thus, the learned Special Judge, Anti Corruption CBI, West/Additional Sessions Judge, Lucknow vide his letter dated 05.04.2013 had referred their cases to this Court for confirmation of death sentence.
(2.) The case of prosecution, in brief, is that co-accused namely Teerath Raj Pal (now dead) had received an information that the gangs of notorious criminals namely Ram Bhulawan and Arjun Pasi were assembling on 12.03.1982 in the terahi sanskar of Late Mata Prasad in village Madhopur, P.S.- Katra Bazaar, District- Gonda. He shared above information with appellant- Raj Bahadur Saroj, Station Officer of Kaudia Police Station. Thereafter, both had gone to the police headquarter and apprised Deputy Superintendent of Police cum Circle Officer, Gonda (Late K.P. Singh) and Superintendent of Police, Gonda about the aforesaid information. Thereafter, Superintendent of Police, Gonda constituted an Armed Police Party under the leadership of Deputy Superintendent of Police (Late K.P. Singh) for conducting raid and nabbing the gangs of the aforesaid criminals. It is then stated that in the night of 12-13/03/1982, the aforesaid Armed Police Party went to village Madhopur. It stated that on the direction of Deputy Superintendent of Police (Late K.P. Singh), aforesaid Armed Police party had been further divided in three part and asked to surround the entire village Madhopur. Thereafter, the police party no. 1 entered inside the village- Madhopur under the leadership of Dy. Superintendent of Police (Late K.P. Singh) and surrounded the house of Ram Baran Shukla (son of Late Mata Prasad).
(3.) It is further stated that Dy. Superintendent of Police (Late K.P. Singh) asked the inmates of the house of Ram Baran Shukla for opening the door. It is stated that even on being asked, when the door was not opened, the Dy. Superintendent of Police kicked on the door and opened it. Thereafter, culprits fired from inside, but the same could not hit Dy. Superintendent of Police (Late K.P. Singh). In the meantime, one culprit came out of the house making continuous firing. It is stated that Dy. Superintendent of Police (Late K.P. Singh) fired on him from his 12-bore gun, which hit him and he fell on the ground. Thereafter another culprit fired from inside the house, which hit Dy. Superintendent of Police (Late K.P. Singh) and after receiving injury, he fell on the ground. It is stated that some police personnel took Dy. Superintendent of Police (Late K.P. Singh) on a cot and transferred him in the jeep of Superintendent of Police, Gonda, who brought him to Gonda Hospital, but he could not survive and died. It is stated that in the meantime there were cross-firings in between police and gangs of criminals, in which 12 dacoits were killed, whereas some police personnel and villagers also received gun-shot injuries. It is stated that after close of firing, the inquest of 12 dacoits prepared and thereafter their dead bodies sent for post-mortem examination.;