KALYAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants along with seven others were charged for having committed the offences punishable under Sections 302, 307, 147, 148 read with Sections 149 and 120B of the Indian Penal Code for committing the murders of Mulaim Singh, Munshi Singh, Itwari and Ram Murti. One of the accused persons, namely, Pothi died during the pendency of the trial. All the accused persons, facing the trial, were acquitted by the trial court. In the appeal filed by the respondent-State, the High Court convicted nine accused persons for various offences and sentenced them to imprisonments which ranged up to the imprisonment for life. Two of the accused persons, namely, Brijpal Singh (A10) and Beer Sahai (A11) were acquitted. Out of the 9 convicted persons the appellants who were arrayed as accused Nos. 2,3,4,5 and 6 in the trial court have preferred this appeal. The Accused Nos. A-7, A-8 and A-9 did not file any appeal against the judgment of conviction and sentences and are reported to have died.

(2.) The present appeal has been filed, as a matter of right, under Section 2(a) of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970. It has been contended on behalf of the appellants that the impugned judgment being contrary to law and facts deserves to be set aside. It is argued that the High Court was not justified in interfering with the well considered order of acquittal passed by the trial court and the prosecution has miserably failed to connect the accused with the commission of the crime. The prosecution witnesses were not only interested and biased but had deposed contrary to the prosecution case as initially discussed in the First Information Report. The material contradictions in the deposition of the witnesses cannot be reconciled, making their deposition untrustworthy. It is further contended that as the prosecution had failed to prove the charges beyond doubt, the appellants were entitled to the benefit of all reasonable doubts.

(3.) In the present case occurrence is stated to have taken place on 27th June, 1977 at 5.00 p.m. in Village Khiria Madhukar, Police Station Usehat, District Badayun (U.P.), the FIR of which was lodged by Bhawar Pal Singh (PW1) at about 10 p.m. in the police station which was at a distance of about 15 kms. from the place of occurrence. The deceased persons, namely, Mulaim Singh is the father, Munshi Singh, uncle and Itwari, brother of the first informant and Ram Murti is stated to be an acquaintance of the family. The prosecution story, as narrated by the Informant (PW1) in the First Information Report is that about one year prior to the date of occurrence one Budhpal Singh was murdered and in connection with that case his father Mulaim Singh, his uncle Munshi Singh and others were facing the trial. It was alleged that the said case was filed on account of the old enmity of the deceased with one Pt.Hori Lal (A1). About 13-14 days prior to the date of occurrence the said Pt.Hori Lal, along with Ram Nath and others entered the house of one Lal Janki Prasad of the same village and assaulted him. Pt.Hori Lal was the leader of a gang and wanted to kill Mulaim Singh and Munshi Singh. On the date of occurrence the informant, his father Mulaim Singh, his cousin Radhey, Pt.Ram Saran, Latoori and Ram Murti came from Village Sakhrauli to their house where Munshi Singh, Itwari, Jasbhoo Singh and Ram Dayal were already present. At about 5 p.m. 11 named accused persons along with one unknown person, at the instance of Pt.Hori Lal, armed with guns, Ballams, Kantas and lathis reached there. To save their lives Mulaim Singh and others went inside their house and closed the door. The accused persons encircled the house of the informant. Mulaim Singh went on the roof of the house along with his gun. Munshi Singh, Itwari and Ram Saran along with their guns followed him. The accused persons started firing from all the four sides. Mulaim Singh, Munshi Singh and Itwari were killed on the roof, whereas Ram Murti, who was assaulted with lathi, ballam and kantha on the ground, died later on. The accused persons also took away the one barrel licensed gun of Mulaim Singh. On the FIR lodged by Bhawar Pal Singh (PW1), the investigation commenced. The dead bodies of the deceased persons were seized, accused arrested and after recording the statement of witnesses, formal charge-sheet filed against the accused persons.