Shiv Charan, J. - (1.) UNDER challenge in the above mentioned connected appeals is the judgment and order dated 27.3.1999 passed by Special Judge (SC/ST Act) Far-rukhabad in S.T. No. 37 of 1996 State v. Mijaji Lal and others. By the impugned judgment and order, the learned Sessions Judge convicted the appellants Mijaji Lal, Gorej Lal, Ramjeet, Raghubeer, Prem Chandra and Kukkoo Mahajan for the of fence under sections 147, 148, 323/149, 324/149 and 302 IPC and sentenced them to life imprisonment for the offence under section 302 IPC and also sentenced them for the offences under sections 147, 148, 323/149 and 324/149 IPC for various terms of sentence. The appellants Prem Chandra, Raghubeer and Kukkoo have separately been convicted under section 3(2)(5) SC/ST (Prevention of Atrocities) Act (in short, "the SC/ST Act") simplicitor and sen tenced them to life imprisonment. Learned Sessions Judge also awarded fine with de fault stipulation.
(2.) THE narration of the prosecution story is as follows: - Ram Swaroop Jatav, real brother of the deceased Shri Krishna, delivered the writ ten report Ext. Ka-1 at the police station Indergarh on 18.6.1996 at about 9:05 a.m. with the allegations that his brother Shri Kirshna and Mijaji Lal, Gore Lal and Ram Jeet Jatav residents of the same village were on cordial relation and had been living in the village. About two years earlier Ram Bux Jatav, brother of Mijaji Lal, disap peared from the village. He was a man of criminal antecedent. No trace was received of Ram Bux since then. Mijaji Lal and his brothers were suspicious and apprehensive that his brother has been murdered by Shri Krishna somewhere else and his dead body has also been disposed of. Due to this rea son, Mijaji Lal and his brothers were hav ing enmity with Shri Krishna and his fam ily members. It is also alleged that in the intervening night of 17/18.6.1996, when the complainant and his brother Shri Krishna along with his family members were lying on the roof of the house and were talking, at about 1.30 a.m. Mijaji Lal, Gore Lal and Ram Jeet along with their companions Raghubir Singh Thakur, Kukku Mahajan and Prem Chand residents of Village Hazipur ascended on the roof duly armed with gun, country made pistol, Kulhari, Takora and Gandasa (sharp edged weap ons). After emerging on the spot i.e. the roof, Mijaji Lal exhorted and instigated other accused persons to kill Shri Krishna and his other family members saying that he is the murderer of his brother Ram Bux and revenge has to be taken today. After exhortation Mijaji Lal opened fire by his gun on Shri Krishna and his other compan ions also started inflicting injuries to Shri Krishna for fulfilment of their common ob ject. Smt. Janak Dulari, wife of the deceased Shri Krishna, Jabar Singh (son), Narma Devi sister of the deceased and Km. Guddi daughter of Narma Devi rushed for rescue of Shri Krishna. All the accused persons inflicted and caused injuries to these per sons by firearm and other weapons. Neck and both the arms of Shri Krishna were severed by the accused persons by their weapons. Leaving the dead body of Shri Krishna on the roof of the house, the in jured persons were brought at the police station. On the basis of the written report Ext. Ka-1, FIR of the case was registered at the police station Indergarh for the offence under sections 147, 148, 149, 302 and 307 IPC and Section 3(1)(10)(2) SC/ST Act. In vestigation was taken over by the then Sta tion Officer of the police station and during investigation he went at the spot, prepared site plan of the place of incident, took the simple and blood stained earth and other articles into custody and prepared ford of these items. Inquest report and other pa pers regarding the dead body were pre pared and dead body was sent for the post mortem. As the matter was relating to the offence of SC/ST Act, hence the investiga tion of the case was later on entrusted to the Deputy S.P. concerned and after com pleting all the formalities, the Deputy S.P. submitted charge-sheet against the accused persons. After framing the charge for the above offences, the prosecution examined Ram Swaroop P.W.I, Smt. Narma Devi P.W.2, Smt. Jankak Dulari P.W.3, p.w.6 as the witnesses of fact and incident. Ram Swaroop P.W.I has proved the written report Ext. Ka-1. Dr. A.P. Chaturvedi P.W.4 is the formal witness. He conducted the post mortem of the dead body of Shri Krishna deceased on 19.6.1996. He proved post mortem report Ext.Ka-2. H.C.P. Divari Lal P.W.5 is also a formal witness. He proved the chik FIR Ext.Ka-4 and copy of G.D. Ext.Ka-3. Dr. Ram Kumar P.W.7 conducted medical ex amination of the injuries of Km. Tara, Smt. Narma Devi, Smt. Janak Dulari and Jabar Singh on 18.6.1996 between 8.40 to 9.00 p.m. He prepared the injury reports of the injured and also proved the injury reports Ext.Ka-5 to Ka-8. Ashok Kumar Tiwari Circle Officer P.W.8 conducted the investi gation of the case and he stated that on 25.6.1996 he took over the investigation from the then S.O. of P.S. Indergarh and recorded the statement of the witnesses and after completing the investigation submitted charge-sheet against the accused persons which is Ext. Ka-9. Prabhu Dayal Singh P.W.9 is the first I.O. who conducted preliminary investigation after registration of the case at the police station. He stated that C.O. Kannauj was outside of the City and hence part investigation was con ducted by him. He stated that during in vestigation he visited the spot and pre pared site plan. He proved the site plan Ext.Ka-10, Fard of blood stained and sim ple earth Ext.Ka-11, simple and blood stained rope (Banh) of the cot Ext.Ka-12, Fard of Khokha (cartridges) Ext.Ka-13, inquest report and other documents relat ing to post mortem of the dead body Ext.Ka-14 to Ka-18.
(3.) ACCUSED persons in their state ments under section 313 Cr.P.C. denied the allegations and evidence of the prosecu tion. It has further been stated by the ac cused persons that deceased Shri Krishna was a known criminal and he was mur dered by some unknown miscreants and that miscreants used to visit at his resi dence. That a false case has been fabricated at the instance of certain villagers. ACCUSED persons examined Constable Chhote Lal D.W.I, who proved the criminal history of the deceased Ext. Kha-1. This witness has also stated in his cross-examination that Ram Bux was also a person of criminal antecedent. There was a criminal history of Ram Bux also and he filed the criminal history of Ram bux Ext. Ka-20. We have heard Sri B.D. Sharma and Sri J.N. Singh Advocates appearing for the appellants and learned AGA Shri A. K. Dwivedi for the State and perused the en tire material on record.;