B.K.NARAYANA,J. - (1.) Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Ravindra Sharma, learned counsel for the appellants, Sri Akhilesh Singh, learned G.A. assisted by Sri Saghir Ahmad, learned A.G.A. for the State, Sri Amit Kumar Singh and Sri N.D. Rai, learned counsel for the informant.
(2.) Death reference case no. 10 of 2012 has been connected with the criminal appeal which has been preferred by the appellants against the judgement and order dated 09.12.2014 passed by Additional Sessions Judge/Special Judge, SC and ST (PA) Act, Budaun in SST No. 39 of 2009, State Vs. Patanjali Bhardwaj and others, u/s 148, 302/149, 307/149 I.P.C. and 3 (2) (v) SC and ST (PA) Act, P.S.- Alapur, District- Budaun.
(3.) The factual scenario of the case as emerging out from the perusal of the facts stated in the written report of the occurrence (Ext.Ka.1) which was lodged by P.W.1 informant Madhav Ram at P.S.- Alapur, District- Budaun on 08.01.2005 at about 2:20 p.m. on the basis of which Case Crime No. 10 of 2005 u/s 147, 148, 149, 307 I.P.C. and 3 (2) (v) S.C. and S.T. (PA) Act was registered against the appellants as well as one Vikas Bhardwaj, who was declared absconder on 25.08.2014 and his trial namely S.S.T. No. 39A of 2009 was separated from that of other co-accused and those deposed by the two witnesses of fact, P.W.1 informant Madhav Ram and P.W.2 Omendra Pratap Singh before the trial court, is that 08.01.2005 was the date fixed for filing nominations by the candidates desirous of contesting elections for the office of Director of Cooperative Society, Block- Myau. P.W.1 informant Madhav Ram along with his co-villager Pyare Lal, son of Pransukh had gone to block office to file nomination of Pyare Lal but Patanjali Bhardwaj, son of Shyam Sundar, the then Block Pramukh, resident of Kasba, P.S.- Alapur refused to issue nomination form to them. Therefore, he met the Secretary of his Gram Panchayat and obtained the backward caste certificate of Pyare Lal from him on which Block Pramukh started abusing him with the name of his caste and told him that no caste certificate shall be issued to him and then he slapped him and got him thrown out of the block office. P.W.1 informant Madhav Ram then went to meet S.H.O of P.S.- Alapur with P.W.2 Omendra Pratap Singh and Summer Singh (Vishanpuri) at about 2 p.m. At that time, both his sons, Pravendra Singh (injured) and Arvendra Singh (deceased) and his nephew, Ashok (deceased) had also joined him. They then went to the block office together and on noticing them, Patanjali Bhardwaj shot his son Arvendra Singh. Vikas Bhardwaj, son of Patanjali Bhardwaj shot his nephew, Ashok while Monu, son of Patanjali Bhardwaj fired at P.W.2 Omendra Pratap Singh and thereafter, simultaneously Cheenu, son of Patanjali Bhardwaj and Vashistha Bhardwaj, son of Shyam Sundar also opened fire causing fire-arm injuries to several persons including P.W.1 informant Madhav Ram. His son died on the spot. The injured P.W.2 Omendra Pratap Singh and his nephew, Ashok were taken to District Hospital for treatment. The accused apart from possessing licensed revolvers and guns also had illicit arms with them.;