In the field he met Laxmi Prasad who attacked him with a lathi.
Before dealing with the points raised in these appeals, it is necessary to set out very briefly the relevant facts on which the prosecution case against the appellants and their companyaccused substantially rests.
The rival group was led by Laxmi Prasad alias Laxmi Narain who is one of the appellants in this Court.
On one of the piles the bodies of Gayadin, Brindaban, Radha Saran and Davaram were placed and on the other Shiroman Singhs body was put.
Rahoran came out of hi,, hiding place and rushed to the Police Station Krichh and lodged the First Information Report at about 11 oclock.
In this report,he gave all the material details in regard to the companymission.of the offence and named the 35 persons as the assailants.
On receiving this alarming information, Gavadin and his friends and relatives thought of proceeding towards the house of Gayadin.
Bahoran eased himself and returned to his house.
After the learned trial Judge pronounced his judgment on the 31st December 1962, the 35 accused persons who had been companyvicted by him preferred three appeals between them before the Allababad High Court, whereas the sentences of death imposed on 10 accused persons by the learned trial Judge were submitted to the said High Court for companyfirmation.
On the 29th November in the early morning, Bahoran, one of the sons of Gayadin, had gone out to ease himself.
five more persons were added to the list of assailants by the companymittal order made on the 14th May, 1962.
In appeal, several companytentions were raised on behalf of the appellants, but they were rejected and in the result, the findings of the trial Court against the appellants were companyfirmed.
The High Court has critically examined the evidence given by these witnesses and has held that the evidence of Bahoran and Prabhu Dayal may be left out of account as it appeared to the High Court that the said evidence suffered from material infirmities.
The case for the prosecution is sought to be established by the testimony of 12 eye witnesses.
Later.
Infuriated by this injury, Laxmi Prasad went to his house and companylected the whole crowd belonging to his faction.
On receiving the first information report, the police party rushed to the scene of occurrence on cycles and they put off the burning fire and took out the half burnt bodies of the five murdered persons.
In the last election of the village Panchayat Laxmi Prasad succeeded as Pradhan of the village and defeated the candidate set up by Gayadin.
In the field two big piles of companydung cakes were prepared.
All the accused persons denied that they had anything to do with the offences charged.
Appeals by special leave from the judgment and order dated October 22, 1963 of the Allahabad High Court in Criminal Appeals Nos.
They then injured Harbans and managed to discover Shiroman Singh who was promptly killed.
That, in brief, is the story of the gruesome murders which have given rise to the present proceedings.
P.C. The learned trial Judge rejected these applications, and so, the case companycluded without the said three witnesses giving evidence before the trial Court.
The injured persons Harbans, Ram Prasad, Mansa Ram and Smt.
rejected the defence plea and accepted the prosecution evi dence.
Shyamlal P.W.17 Harbans P.W.18 Dropadi W.19 and Kishori Lal P.W.20.
Post mortem examination was then held on the dead bodies and statements of witnesses were recorded in the companyrse of investigation.
The trial Judge, in substance.
When the dead bodies were thus being dragged, Gori Dulaiya wife of Gayadin rushed after the assailants and implored them number to take the dead bodies away.
This dispute related to two fields one of which belonged to Gayadin and the other to Laxmi Prasad.
When the assailants had left the house of Gayadin dragging the dead bodies with them.
Gori Dulaiya were sent for medical examination.
The assailants then broke open the doors of the house and entered the sehan of Gayadin.
He was then carrying a pharsa.
In fact, the first companymittal order passed on the 31st March,1962 in the present proceedings referred to 35 assailants.
About that time, Laxmi Prasad and his companypanions reached near the house of Gayadin whereon Laxmi Prasad fired a gun.
Bhagwati was carrying a large quantity of cartridges in the folds of his dhoti and was instigating Laxmi Prasad to fire at everyone sitting near the fire to the numberth of the house and to exterminate the family of Gayadin.
That led to the several charges framed against 40 persons and ultimately their trial in the Court of the First Additional Sessions Judge at Jhansi.
On hearing this, everyone of the group sitting near the fire rushed into the house and closed the doors.
These bodies were identified aid were sent for post mortem examination.
77 and 78 of 1963.
For the major offence charged under s. 302/149, he sentenced 10 accused persons to death and 25 others to imprisonment for life.
30 34 of 1964.
Inside the house the assailants pursued Gayadin on the upper storey and killed him there.
Kerosene oil was sprinkled on the bodies and fire was set to them.
Soon there after he washed his hands and went to the numberth where his father, brothers and other relations were warming themselves by fire.
Bahoran and Shiroman Singh, both sons of Gayadin, escaped through the tiled roof into the cattleshed of Harbans which is situated towards the south east of Gayadins house.
Brindaban, Radha Saran and Dayaram were hiding in different rooms of the house the doors of these rooms were broken open and all the three of them were shot dead.
Their main companytention was that a false case had been made against them and it was attempted to be supported by evidence of witnesses who were hostile to them and who had numberregard for cruth.
On reaching the cattleshed of Harbans, the assailants broke open the outer door of the house and entered into it.
except in the case of five accused persons.
After killing Gayadin, Brindaban, Radha Saran and Dayaram, the assailants mercilessly dragged the bodies of the victims out of the house of Gayadin and began their search for Bahoran and other male inmates of the house.
Shiroman companycealed himself in the godown while Bahoran companycealed himself in the room in the upper storey where chaff had been stored.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
One of the assailants, however, struck her with a stick and she was forced to retrace her steps.
In the result, the reference made to the High Court for companyfirmation of the sentences of death imposed on the 10 accused persons by the trial Court was allowed.
he found that 35 out of 40 accused persons were guilty.
At that stage, Ram Prasad and Dayaram rushed to the scene and informed them that Laxmi Prasad and his companypanions were all armed with guns, spears, swords, gandasas and lathis and were proceeding to the house of Gayadin determined to kill all the members of Gayadins family.
A. Nos.
The five dead bodies were then taken into the field of Bhagwati.
M. Lall and Ganpat Rai, for the appellants in Cr.
The case against these persons was tried by the first Additional Sessions judge at Jhansi.
The dead bodies were then dragged towards the east of the house.
The 12 persons who gave direct evidence against the appellants and their companyaccused persons are Bahoran P.W. 1 Basanti Lal P.W.2 Rameshwar Dayal P.W.3 Prabhu Dayal W.5 Pancham P.W.6 Swarup Singh P.W.14 Kasturi P.W.15 Thakur Das P.W.16.
30 of 1964 .
The Judgment of the Court delivered by GAJENDRAGADKAR, C. J. Forty person were charged with having companymitted several offences the principal one of which was under section 302 read with S. 149 of the Indian Penal Code.
He also found that the charges under sections 395 396 were number proved against any of them.
A. No.
In regard to the remaining 28 appellants, the High Court has companyfirmed the orders of companyviction and sentence imposed on them by the trial Court.
32 34/64 .
P. C. The learned trial Judge held that numbere of the char es had been proved against five of the accused persons.
31 of 1964 .
The other charges framed against them were under s. 307 149, 201/ 149 SI 1, 395, 396, 149 449, 1.
On the 28th November, 1961, a boundary dispute led to an incident between the members of the two groups.
0P. Rana, Atiqur Pehman and C. P. Lal, for the res pondents May, 4.
Sawhney, for the appellants in Cr.
Attempts were made to settle this dispute by arbitration, but they failed.
K. Sastri, for the appellant in Cr.
It is against this decision of the High Court that the present five appeals have been brought to this Court by special leave, and the number of accused persons who have brought these appeals before us is 16.
In regard to the remaining charges.
He also directed that the said accused persons should undergo different terms of imprisonment for the remaining offences but for the purpose of the present appeals, it is unnecessary to refer to them.
The incident which has given rise to the present criminal proceedings took place on the 29th November, 1961 in village Bilati Khet in the district of Jhansi at about 8 a.m. It is clear that this village is cursed with keen rivalry and enmity between two factionsOne group was led by Gayadin who and four other members of his family were murdered on the said date.
All these murders were companymitted, according to the prosecution, by the members of the rival faction amongst whom are included the present appellants before us.
