- (1.) THE aforesaid three appeals and the death reference arise out of the judgment in S. T No. 43 of 1995 dated 2-5-1998 recorded by the Spl. Judge (Dacoity Affected Area), Banda. By his judgment and order the trial Judge had convicted appellant Purshottam Kewal and Bhondu @ Mama under Sections 302/149,1. P. C. and had sentenced them to death. THE death sentence necessitated the reference in question. THEse two appel lants were also convicted for offences under Sections 364-A and 201, I. P. C. and each was sentenced to life imprisonment and to RI for five years for the respective offences. THE appellants Mangal @ Bhotu Purri Lal @ Baba and Munna @ Chhotu were also convicted for offences under Sections 364-A and 302/149, I. P. C. for which each was sentenced to life imprison ment. THEre was further conviction of these persons under Section 201, I. P. C. for which each was sentenced to RI for five years. THE trial Judge had directed that the sentences were to run concurrently. THEse appellants were charged also for offences under Sections 402/412, I. P. C. for which they were acquitted. THEre was a further charge against Purri Lal under Section 25 of Arms Act and he was acquitted so far this charge was concerned. THE appellants Purri Lal and Munna @ Chhotu preferred their appeals from jail and they are still in jail. For the other appellants also there was no order for bail upon the regular appeals filed by them and they are also in jail serving out the sentence imposed on them.
(2.) THE prosecution was initiated on the basis of an F. I. R. lodged on 10-6-1993 at 6. 30 p. m. at PS Mau, District Banda, by one Tribhuvan Pal for an incident dated 9-6-1993. It is stated in the F. I. R. that on that date one Ram Babu and the com plainant Tribhuvan Pal had gone to the jungle for fetching firewood. Five armed persons surrounded them and asked their names and address. One of them had covered his face. After such interrogation the miscreants tied them up and fix a sum of Rs. 20,000 as ransom for release of Ram Babu. THEy were taken and roamed in the jungle and the complainant was released at about 11. 00 p. m. so that he may collect the ransom and pay it. He made a report in the house of Ram Babu, who happened to be his brother-in-law, and came back to the jungle with villagers and police guards in search of abducted Ram Babu and the miscreants. He claimed to be able to iden tify the miscreants if seen again. On the next day i. e. , on 11-6-1993 the chowkidar of village Kotra Khamba made a report at thana Mau at about 6. 30 a. m. that the dead-body of Ram Babu who was abducted on 9-6-1993 was lying in the water of Kotra Khamba bandha and some other dead-bodies were also there. The initial F. I. R. on the report of Tribhuvan was under Section 365, I. P. C. but upon the subsequent report of the chowkidar, the crime case No. 120 of 1993 under Section 365, I. P. C. was converted to one under Section 302, I. P. C. Subsequently, a blood stained axe was recovered from near one of the dead-bodies which was claimed by Tribhuvan Pal as the one carried by him to the jungle and which was taken away by the miscreants from him. A piece of paper with certain writing, purporting to be made by one Rampa Panelwan, admitting demand of ransom and killing of these persons for non-payment, was also recovered from near the place of incident. Subsequently, the prosecution alleged that this letter was written by the present accused Purshottam. The other dead-bodies were also identified as Shyam Kewat, Keshav Kewat, Lotun Kewat, Gaya Prasad and Gilla. It appears that further more dead-bodies were also found near the spot. During investigation a tamancha and certain cartridges were recovered from the appellant Purri Lal, a cycle was recovered from appellant Munna @ Chhotu and there was an allegation of cer tain incriminating statements made by Munna before the police. A cycle was also recovered from the appellant Mangal @ Bhotu with certain incriminating state ments by him as well before the police. A third cycle was allegedly recovered from Bhondu @ Mama with a similar allegation. One axe was recovered at the instance of Purshottam and certain statement was made by him concerning the use of the axe.
(3.) THE dead-bodies were sent for post-mortem examination and blood stained earth and axes and clothings etc. were sent for chemical examination. Charges were framed against the five appellants under different heads for having abducted Ram Babu and Tribhuvan for ransom, for having committed dacoity by forcibly taking the axes belonging to Tribhuvan and Ram Babu and causing in jury during such incident, for having com mitted an offence under Section 3 (2) (1) of the TADA Act for having committed the murder of Ram Babu and several others named in the charge, as also for an offence under Section 201, I. P. C. for having thrown the dead- body of Ram Babu in the bandha and thereby concealing evidence with an intention to screen offenders from legal punishment.;