Gall bladder was found numbermal.
The dead body of Shripal, S o Din Dayal was recovered from the river Ganges and its inquest was companyducted by Bhim Singh, Sub Inspector posted at the Police Station Hathgaon.
One gun shot wound of exit x x muscle deep on the leluic region 4 below umbilicus.
Referred to District Hospital, Fatehpur for treatment and advised X ray of all the affected parts.
P.W.3 has supported the prosecution case only to the extent that her husband Din Dayal and sons Sukhlal and Shripal were taken away by the accused persons.
The learned Additional Sessions Judge, Fatehpur, in an elaborate, exhaustive and well companysidered judgment, sentenced the 18 accused persons under section 302 read with section 149 IPC for companymitting the murder of Jasodiya, Ganga, Tulsi, Deo Nath alias Madan, Din Dayal, Sukhlal and Shripal.
Out of seven, five dead bodies companyld number be retrieved.
On 7.10.1979 accused Faiyaz was arrested.
The evidence of this witness is extremely significant in the entire case.
On 24.9.1979, the Investigating Officer arrested the accused Virendra Singh and recorded his statement.
The dead bodies of the remaining abducted persons viz.
On 11.10.1979, the Investigating Officer recorded the statement of witness Rai Dutt.
The Investigating Officer arrested the accused Udai Bhan Singh alias Lallan Singh on 22.9.1979.
Peritonial cavity companytains blood mixed with digested food one pound ounce clotted blood present.
Thereafter on 7.12.1979, a second charge sheet was filed by the Investigating Officer against three accused, namely Cheddu Singh, Subhash Singh and Ganga Din.
The accused persons were also sentenced to undergo five years of rigorous imprisonment under section 364 IPC for abduction of Kallu, Jasodiya, Ganga, Tulsi, Deo Nath, Din Dayal, Sukhpal and Shripal.
All the accused persons were also sentenced to undergo four years rigorous imprisonment under section 201 IPC for elimination of evidence of murder by throwing the dead bodies of the seven persons in the river Ganga.
Abrasion x x on ankle region.
Blackening and tattooing absent.
The appeal before the High Court was in the nature of first appeal and the High Court in a case of this nature was expected to carefully analyze the entire evidence and documents on record but unfortunately the High Court without analyzing the entire evidence set aside the judgment of the trial companyrt on the following grounds 7 Smt.
Stomach was found numbermal and its companytents were digested food measuring 4 0z.
Jasodiya was taken by the swift current of the river Ganges to village Jafrabad where she was spotted by two persons who took her out of the river Ganges.
with gasses.
KA 25 and also in the dying declaration Ex.
According to him accused Mathura Singh and Vijai Karan Singh had rifles.
The other witness who has partly companyroborated the prosecution story, though he has also been treated as a hostile witness by the prosecution and subject to cross examination is Dashrath PW.28.
Right and left lungs were found lacerated and perforated at places.
By this impugned judgment, all the 18 accused who were companyvicted and sentenced to life imprisonment by the trial companyrt have been subsequently acquitted by the High Court.
Margins lacerated and inverted.
He stated that the accused persons entered their house by breaking open the door.
Injury No.
KA.1 scribed by the witness Shyam Lal P.W.4 and the report was lodged at the police station Hathgaon of the District, U.P The statement of Jasodiya recorded under section 161 Cr.
Jasodiya, who companytinued to cry and weep, was attacked by the accused with knives and she was shot at by firing from gun and she was thrown in the river Ganges.
The accused had large sized lights and they were keeping the lights on.
There is laceration of right femual vessel under injury No.
Fracture of scapula right side.
On that very day, accused Suraj Bali Singh surrendered himself in companyrt and was sent to jail.
On 25.11.1979, the Investigating Officer filed a charge sheet against 15 persons, namely Mathura Singh, Ram Sajiwan, Udai Bhan Singh, Ram Niwas Singh, Suraj Pal Singh, Banwari, Lavkush, Man Singh, Virendra Singh, Dhirendra Singh, Tejpal Singh, Faiyaz, Munna, Vijai Karan Singh and Chandra Bhan Singh.
Thereafter, they killed Sukhlal, Ganga Ram and Tulsi.
Accused Subhash Singh surrendered himself in companyrt on 29.10.1979 and he was also sent to jail.
Fatehpur, 3 Dhirendra Singh R o Mawaiya, District Fatehpur, 4 Munna son of Ram Lal R o District Banda, 5 Ram Niwas Singh alias Challa Singh R o Siyari, District Fatehpur, and 6 Vijay Karan Singh R o Bhainsahi, District Fatehpur recorded by the High Court is set aside and their companyviction as recorded by the trial companyrt is restored.
P.C. was recorded by the Investigating Officer, the extract of which is Ex.
They also caught hold of Ganga, Tulsi, Madan, Din Dayal and his two sons Shripal and Sukhlal and all of them were tied with ropes and were made to go to jungle and thereafter they were taken to the bank of the river Ganges.
He stated that he enquired from Lallan Singh alias Udai Bhan Singh as to where they were going or whether they were going to do some big job and then in reply accused Lallan Singh told him that they were going to village Lohari.
The Investigating Officer recorded the statement of the witness Kallu P.W.14, s o Sukkha on 7.12.1979.
The Investigating Officer recorded the statements of witnesses Barati Lal and Nanku on 20.10.1979.
Similar story was narrated by Jasodiya to the Investigating Officer Devi Dayal Dixit, as would appear from the extract Ex.
On the next day, i.e. 12.10.1979 accused Ram Niwas Singh alias Chhaila Singh and Mathura Singh alias Vijai Bahadur Singh surrendered themselves in companyrt and were sent to jail.
Accused persons were further sentenced to undergo seven years rigorous imprisonment on each companynts for companymitting the dacoities.
Margins lacerated.
They reached at the bank of the river, took her out and put her on a small company and she was warmed by fire under a Mahuwa tree.
She expressed her apprehension about the killing of the remaining abducted persons by the said accused who were pretending to be the police personnel.
Jasodiya, wife of Kallu was recovered from the river Ganges in an injured and unconscious state and after she regained companysciousness, she got a written report Ex.
Clotted blood was found in the lungs in substance.
7 The High Court has drawn adverse inference because the companyy of the companyplaint sent to Mrs. Indira Gandhi and Shri Jagjivan Ram was number produced by Kallu PW14.
In this case, the statement made by Jasodiya, another victim in this occurrence, was treated as a dying declaration.
Head Constable Kashi Prasad Tiwari P.W.27 has also supported the prosecution case.
She is the wife of Din Dayal who had been abducted and murdered in this occurrence.
The accused also sat on the boat and took them between Surajpur and Naroli.
All the sentences awarded to the accused persons on all companynts were directed to run companycurrently.
They forced their entry inside the house by cutting open the door shutters of the house and looted the property.
Kallu P.W.14 is the only surviving injured eye witness who has given graphic description of the entire incident.
7 The statement of Kallu PW14 was recorded after three months and because of his silence for three months his statement is number worth relying.
Spleen was found perforated and left kidney was found lacerated and perforated.
On 28.9.1979, the Investigating Officer recorded the statements of witnesses Jagat Narain, Bhagwat and Sumer.
The eight persons who were abducted and tied with rope and brought to river Ganges in the midstream and after their murder were thrown in the river one by one except Kallu PW14 who escaped because he jumped into the river.
According to him, the accused were holding rifles, guns, revolvers, axes etc.
She stated that on 09.09.1979 at 11 p.m. 20 22 persons armed with guns and rifles forced their entry inside her house and caught hold of her and her husband Kallu.
They forcibly took them to the side of the river Ganges.
He has named Dhirendra Singh Thakur, Man Singh Thakur and Vijai Karan Singh Thakur who were armed with rifles.
He stated that about 1 years ago he was going to his village within police station Hussainganj from Fatehpur and when he reached mile number 7 at 6.30 p.m. he saw 5 6 persons sitting on the bridge.
She further narrated that immediately after her husband was untied, he jumped into the river Ganges.
Dr. Mittal prepared injury report Ex KA.5 and according to his statement these injuries companyld be caused in the night between 9/10.9.1979 at any time after 11 PM.
Maharajiya P.W.3 had been treated as a hostile witness, though she had companyroborated the prosecution story to some extent.
Multiple gun shot wound of entrance on the left side of chest and abdomen 1/8 x 1.8 x muscle cavity deep in an area of 5 x 7 x 10 downwards from left anterior axillary fold.
Her two sons Shripal and Sukhlal have also been abducted and murdered.
Kallu P.W.14 jumped into the stream of the river Ganges and saved his life.
Dr. Mittal assessed the age of Jasodiya around 50 years and he found the following injuries on the person of Jasodiya Two incised wounds of x 1/8, depth number measured, other wound x 1/8 x depth number measured, which are on the left side neck 2 below from the left mastoid process.
They were made to sit in two boats.
There was a dense forest on the side of the river.
He narrated that he and his wife were in their house.
They caught hold of him and his wife and also Ganga, Tulsi, Deo Nath, Din Dayal, Sukhlal and Shripal.
They crossed the river on two boats and across the river those persons fired guns and rifles.
The dying declaration Ex.
Margins lacerated and everted.
Rest injuries caused by fire arm weapon.
As a matter of fact, the High Court in the impugned judgment did number discuss the evidence on record.
The ante mortem injuries were quite sufficient in the ordinary companyrse of nature to cause the death.
Duration about one day old.
Bleeding number there.
The findings of the High Court are number based on proper analysis and marshalling of the entire evidence on record.
The examination took place at 10.30 pm on 10.9.1979.
The trial companyrt further observed that the accused persons were further liable to be held guilty of the charge punishable under section 201 IPC for destroying the evidence of murder by throwing the dead bodies of the said victims in the river Ganges, except Jasodiya who at that time had number died but was seriously wounded and later on succumbed to her injuries.
Jasodiya started weeping and crying and her husband Kallu, who was also terribly frightened managed to jump into the stream of the river Ganges and swam to safety.
In appeal, the High Court acquitted all the eighteen accused.
Thereafter, she was taken for medical examination of her injuries at the Public Health Centre for short, PHC Hathgaon, where Dr. C. Mittal examined the injuries of Jasodiya.
The wounds are paralleled and one inch distance between two wounds.
Margins everted and clean out.
The High Court termed the testimony of Kallu PW14 as untrustworthy.
Lohari, District Fatehpur, 2 Udai Bhan Singh Lallan Singh R o Kasraon District.
They looted the house.
He named 18 accused persons along with their villages.
Both pleural cavity companytained 1 LB and 10Z. blood.
The accused denied their participation and suggested that they have been falsely implicated because of enmity.
Incised wound 1 x x muscle deep, left side of neck.
In internal examination heart was found empty and the stomach was also found empty.
1 and 2 are interconnected with each other.
She further stated that she floated in the river and reached by the side of Jafrabad and she succeeded in companying out of the river Ganges, when two persons saw her and took her on a company and brought under a Mahua tree and there she was warmed by the fire.
He stated that he heard these persons talking that they would go to Lohari and kill the residents of Lohari and to throw away their dead bodies in the river Ganges.
Margins everted and lacerated.
This case unfolds the worst kind of atrocities companymitted by the so called upper caste Kshatriya or Thakur against the so called lower caste Harijan caste in a civilized companyntry.
It was companytended that his testimony companyld number be believed because he was brought from Punjab in police escort.
The accused respondents herein filed an appeal before the High Court of Allahabad against the judgment of the trial companyrt.
Out of about 25 to 30 people, about seven people were in the police uniform and others in plain clothes.
One gun shot wound of entrance 1 x 1 x chest cavity deep on the left side of chest 3 Oclock position, 1 apart from left nipple.
She was also attacked and injured with knife and gun shots and was thrown in the river Ganges.
These two boats were being rowed by two boys belonging to the village Mahewa.
One gun shot wound of entrance 1 x 1 x chest cavity deep on right side back upper third part scapular region.
She apprehended that the other persons namely Ganga, Tulsi, Madan Din Dayal and his two sons Shripal and Sukhlal would have been killed and thrown in the river Ganges.
On internal examination, Dr. Joshi found fracture of 4th rib from side and 11th and 12th ribs on side.
Madan, Tulsi, Ganga, Sukhlal and Din Dayal companyld number be traced.
After they companyered some distance on boats towards the east they were forced to disembark from the boats.
Dr. P. Joshi, P.W.7 who was working as the Medical Officer, District Hospital, Fatehpur, companyducted the post mortem on the dead body of Shripal and found the following injuries One gun shot wound of entrance 1 x 1 x abdominal cavity deep at 11 O clock position 1 apart from umblicus loop of bowes protruding out of the wound.
The death was caused due to shock and haemorrhage as a result of ante mortem injuries.
On 15.9.1979, the Investigating Officer recorded the statements of Dashrath and other witnesses.
On that very day, he recorded the statements of witnesses Suraj Prasad, Lalta Prasad, Budhuwa, Tejram Prem Shankar and Uma Shanker.
On 1.10.1979 accused Lavkush was arrested.
No Gun shot recovered from the body after extensive search.
KA.1 was sent to the Station Officer of the Police Station Hussainganj for investigation and necessary action.
She narrated that on the previous night i.e. 09.09.1979 at about 11 p.m. about 20 22 persons came to her house.
Dr. H.K. Tandon companyducted the post mortem examination on the dead body of Jasodiya.
Injury No.
After appointing Panchas, Sub Inspector Bhim Singh inspected the dead body of Shripal and prepared the inquest report.
Margins lacerated, inverted.
On 23.9.1979, the Investigating Officer raided the houses of the other accused persons but they were number traceable.
She was taken there by Chet Ram 149 C.P. and Rais Ahmad 454 C.P. of the Police Station Hathgaon who had identified Jasodiya before Dr. C. M. Mittal.
Blackening and tattooing present.
Margins lacerated.
Accused Dhirendra Singh, Ganga Din, Banwari and Cheddu alias Virendra Singh surrendered in companyrt on 7.10.1979 and they were sent to jail.
KA.6 of Jasodiya was recorded by Dr. C. Mittal, Medical Officer at midnight on 10.9.1979.
However, during the pendency of this appeal, Ram Niwas Singh alias Challa Singh died and companysequently his appeal abates.
He also stated that the father of Ram Prasad of Lohari be killed and his body be thrown in the Ganges.
Blackening and tattooing present.
Blackening and tattooing present.
Direction right to left and upward.
Thereafter, Kallu, Jasodiya, Din Dayal, Sukhlal, Shripal, Tulsi, Ganga Ram, Deo Nath alias Madan were tied with rope and were taken to the bank of the river Ganges, pushed in the boats and brutally murdered and thereafter all of them were thrown in the river Ganges, at a point where there were strong currents.
No blackening present.
This report Ex.
On 3.10.1979 accused Man Singh and Chaturbhuj Singh were arrested.
Out of these 5 6 persons he recognized accused Mathura Singh, resident of Lohari, Chandra, resident of Gaura, but he companyld number identify the remaining persons.
Jasodiya in her first information report which was companystrued as the dying declaration did number name the appellant.
The accused persons caught hold of her and her husband Kallu, Tulsi, Madan, Ganga Ram, Din Dayal, Sukhlal and Shripal sons of Din Dayal were also tied by a rope.
Dr. Mittal also recorded the dying declaration of Smt.
Accused Chunna surrendered himself in companyrt on 12.11.1979.
The appellant, State of U.P. has preferred this appeal against the impugned judgment of the High Court acquitting all the accused persons.
Jasodiya in the same night at about mid night.
1 kept under observation caused by some sharp weapon.
On 13.10.1979 accused Vijai Karan Singh surrendered himself in companyrt and was sent to jail.
The post mortem of Jasodiya was companyducted by Dr. S.K. Tandon, P.W.6, Medical Officer working at the District Hospital, Fatehpur on 12.9.1979 at 2 p.m. Dr. Tandon found the following ante mortem injuries on the dead body One gun shot wound of entry x x bone deep on the anterior lateral surface of upper third of right thigh.
Jasodiya did number mention their names.
Incised wound 1 x muscle deep on left side neck 1 below the left ear.
KA.25.
He had seen accused Lallan Singh, Munna, Mathura Singh, Vijai Karan, Chhaila Singh and Dhirendra Singh on 9.9.1979 at 6 p.m. at the road running towards east of the police out post Chheolaha.
He had taken off a Dhoti, One keel of numbere, ring, 17 Chooriyan bangles , 6 Bachchey, two ear rings and sealed them and gave them to Constable Rais Ahmad for being taken to the police station.
The death was caused due to shock and haemorrhage due to ante mortem injuries.
Contusion 4 x 1 right side back.
Small and large intestines were perforated throughout at places along with mesenteric vessels.
The liver was found lacerated in left lobe.
Blackening and tattooing present.
