RAKESH TIWARI,J. - (1.) HEARD counsel for the appellants, Sri K.N. Bajpai, learned A.G.A. and perused the record. These criminal appeals arise out of judgment and order dated 12.5.2004 passed by the Special Judge (SC and ST Act), Basti in Special Sessions Trial No. 249 of 1999, State Vs. Bhagwan Das and six others, connected with S.S.T. No. 88 of 2000, State Vs. Rakesh and two others, and S.S.T. No. 337 of 2000, State Vs. Rajaram, by which in sessions trial No. 249/1999, each appellants - Bhagwan Das, Gyan Das, Parmatma, Vishwa Nath and Girish Chandra have been convicted and sentenced to life imprisonment and fine of Rs. 10000/- under section 302 IPC, R.I. for ten years and fine of Rs. 5000/- under section 307 IPC, R.I. for two years and fine of Rs. 1000/- under section 148 IPC, imprisonment for life and fine of Rs. 5000/- under section 3(2) (5) of S.C.S.T. Act and R.I. for six months under section 7, Criminal Law Amendment Act. Appellant Ram Nath has been convicted and sentenced to life imprisonment and fine of Rs. 10000/- under section 302 IPC, R.I. for ten years and fine of Rs. 5000/- under section 307 IPC, R.I. for two years and fine of Rs. 1000/- under section 147 IPC, imprisonment for life and fine of Rs. 5000/- under section 3(2) (5) of S.C.S.T. Act and R.I. for six months under section 7, Criminal Law Amendment Act. Appellant Raju has been convicted and sentenced to life imprisonment and fine of Rs. 10000/- under section 302 IPC, R.I. for ten years and fine of Rs. 5000/- under section 307 IPC, R.I. for two years and fine of Rs. 1000/- under section 148 IPC and R.I. for six months under section 7, Criminal Law Amendment Act.
(2.) IN sessions trial No. 337/2000, appellant - Raja Ram has been convicted and sentenced to life imprisonment and fine of Rs. 10000/- under section 302 IPC, R.I. for ten years and fine of Rs. 5000/- under section 307 IPC, R.I. for two years and fine of Rs. 1000/- under section 148 IPC, imprisonment for life and fine of Rs. 5000/- under section 3(2) (5) of S.C.S.T. Act and R.I. for six months under section 7, Criminal Law Amendment Act. In sessions trial No. 88 of 2000, accused Rakesh Yadav, Ganesh alias Mental and Ibrahim, have not been found guilty for the offences under section 148,307/149, 302/149, 5 of Explosive Substances Act, 7 of Criminal Law Amendment Act and 3(2)(5) of S.C.S.T. Act and as such acquitted thereunder. Appellants Bhagwan Das, Gyan Das, Parmatma and Raja Ram have also not been found guilty for the offence under section 5 of the Explosive Substances Act and acquitted thereunder in session's trial no. 249/99 and 88/2000. All the sentences were ordered to run concurrently. In case of default in payment of the fine, the appellants were ordered to undergo additional six months' R.I. As all these five appeals have the same genesis and arise out of the same judgment, therefore, they are being heard and decided together. The grounds of challenge are that the conviction of the appellants is against the weight of evidence on record, is against law and the sentence awarded to them is too severe. It is also submitted that the trial court has not properly evaluated the evidence on record and has omitted to look into the material evidence in the case. According to the prosecution, in the night intervening 10/11-6-1999, at about 11.30 P.M., appellants Bhagwan Das son of Ram Nath, Gyan Das son of Ram Nath, Raju son of Moti, Vishwa Nath son of Paltu and Girish Chandra son of Ram Bilas ( all residents of the same village) alongwith 4 - 5 persons who could not be seen by the first informant Ram Bahal (Harijan), armed with bombs, country made pistols, lathis and knives, suddenly came to his house. Exhorting that entire family of Triveni be killed and if the villagers come to their rescue, they be also killed, started hurling bombs and indiscriminate firing at the family members of the first informant. The terrified villagers hid themselves inside their houses and did not dare to come out. The assailants were recognised by the first informant Ram Bahal and his family members in the light of electric bulb at their door. They saw appellants Bhagwan Das and Gyan Das hurling bombs, appellants Raju and Vishwa Nath firing from country made pistols, appellant Girish Chandra using the knife in his hand with intent to kill and the remaining accused were exhorting and helping them in killing of the family members of the first informant.
(3.) IN the aforesaid incident, Teerath son of Magaroo, Triveni son of Magaroo, Sarvjeet son of Triveni and Ram Yagya son of Paltu, died on the spot whereas Anil Kumar son of Triveni, Amarnath son of Ram Bahal, Sunil Kumar son of Sarvjeet, Ashwani Kumar son of Ram Bahal, Santosh Kumar son of Ravindra Kumar, Km. Geeta daughter of Bisarat, Smt. Ramrati wife of Phool Chand, Gyan Das son of Ram Surat and Awadesh Kumar son of Ram Bahal, received injuries, who were sent to hospital. The incident is said to be witnessed by the first informant Ram Bahal, Ramesh son of Triveni, Gyan Das son of Ram Surat, Ram Shanker son of Ram Dularey, Setu son of Ram Bharos besides many other villagers.;