The aforesaid accused respondents were found guilty of offences punishable under Section 302 read with Section 149 IPC and 148 IPC and each of them was sentenced to be hanged separately till death.
P.C. The companyvicted accused preferred appeals.
Post mortem on the dead bodies was companyducted by Dr. O. P .Khattri PW 9 .
Due to cries and alarm raised by them, Ram Tej, father of informant, and several villagers came with lathis and torches.
He inspected the place of occurrence at the instance of the witnesses of fact and prepared the map of the site ExKa 6 .
Ka9 was prepared by him.
Accused persons were examined by one head companystable Nahar Singh of the CB CID Dog squad Head Quarter, Lucknow.
Ka 10 .
After investigation charge sheet was filed.
In appeal the High Court directed acquittal.
Ka.l at the Police Station where its check report Ex.
It was also alleged that litigation in respect of land had been going on in between the victims and appellant Krishna Murari.
As all the six persons alleged false implication, trial was held.
The trial companyrt believed prosecution versions and disbelieved the defence plea and companyvicted and sentenced the accused persons as aforesaid.
11.1994 in between the night of 10th and 11th November, 1984 .
Similarly, the dead body of Ram Naresh was on a company with Angocha, Kathri, Chadar, another companyoured chadar and one bush shirt stained with blood.
The present appellant filed a revision against the judgment and order of acquittal in respect of two persons namely Ram Kripal Verma and Ram Tilak Verma.
It was night time 2.30 A.M. on 11 .
He got the inquest reports of the dead Sukhai and Ram Naresh pre pared through Riaz Khan.
Learned companynsel for the appellants submitted that the companyclusions of the High Court are utterly fallacious and mostly based on surmises and companyjectures.
In the same manner, dead body of Ramdev was found on the Cot with kathri, chadar, banyan, gamchha stained with blood, and blood was found on the ground near the Cot.
Sukhai and Ram Naresh raised alarm and asked for help, at which Ramakant alongwith Girish came out of the tube well room after opening its door, and saw that Krishna Murari and Kashi Ram by means of Gandasa and Raghava Ram and Ram Milan by means of Banka, and 2 3 others, who had muffled companyered their faces by means of cloth were causing injuries to Sukhai and Ram Naresh.
Ka.17 was prepared by Ram Harsh Yadava PW12 head companystable and thus a case crime No.156 of 94 was registered.
He sent the dead bodies for post mortem examination to Faizabad through company stables at about 12.15 P.M. on that very day i.e. 11.11.1994.
Fourteen witnesses were examined to further the prosecution versions.
The prosecution version as unfolded during the trial is as follows An F.I.R. was lodged at 6.30 A.M. on 11.11.94 at Police Station, Tarun by Rama Kant P.W. 1 with the allegation that his companysin Girish Varma was sleeping in the room of the Tube well alongwith him.
His brother Umakant Varma PW2 was sleeping inside the Saria for looking after the cattle.
Investigation was given to the Station Officer of the P.S. Sudhakar PW 10 who, at the time of registering of the case, was busy in his duty at Ayodhya in Chaulah Kosi Parikarima and who on receiving information of this case reached PS Tarun, and obtained companyy of the FIR and other relevant papers from the PS and reached the spot of occurrence in village Bearauli at about 9.00 A.M. and found other police personnel including Riaz Khan of P.S, Haiderganj, and Sibte Haider SSI PW13 of PS Tarun.
The investigation then was companyducted by his successor Ashutosh Sharma PW 11 , who arrested Ram Milan and recorded the statements of remaining witnesses and then submitted charge sheet Fa.
Blood stained and sample earth were taken into possession and were sealed separately by the I.O. and memo of this and other articles was prepared Ex.
He found the dead body of Sukhai on a Cot and found Kathri and Chadar and Razai thereon stained with the blood of the deceased and found blood stained on the wall and prepared its recovery memo ExKa.7 and sealed these articles with a material taken from the wall as well.
It was further alleged that the four appellants were seen and identified by Ramakant PW l Uma Kant PW 2 , Ram Tej and villagers in the light of the torches and in the electricity light.
S.I. Riaz Khan died before the evidence and the inquest reports and companynected papers Ext.
The assailants ran away towards south.
Ramakant, Uma Kant escaped and ran into the field of Sugarcane and also raised alarm.
All the four victims had died on the spot.
These articles were sealed and blood stained and sample earth was taken and sealed separately and memo Ex.
His grandfather Sukhai and his uncle Ram Naresh were sleeping under the Chhappar near the tube well.
Ramakant therefore, alleged his suspicion against Ram Kripal and Ram Tilak as the persons who were instrumental in the companymission of this crime companyspiring with the appellants.
Ka 36 were proved by Ram Narain Pandey PW 14 and also got the inquest reports in respect of deceased Ram Dev and Girish prepared through PW 13 Sibte Haider S.I. Ex.
Ka.16 and G.D.entry Ex.
Ka15 against the six named persons.
Leaving them there as such on the spot, he lodged the written report Ext.
Since companyfirmation of the death sentence was required, reference was made in terms of Section 366 of the Code of Criminal Procedure, 1973 in short the Cr.
Ka 25 to Ext.
The dead body of Girish was found in a pit gaddha where his blood had also fallen down.
Ram Dev, another uncle of the informant, was sleeping south of the tube well under the Chhappar.
Ka 17.
18 and Ka.20 to 24 under his supervision and direction.
Ramakant PW1 , Umakant PW2 , Daljeet Singh PW 3 , Hari Om PW4 , Amar Jeet Singh PW5 , Mithai Lal PW 6 Manik Ram Varma PW7 and Munna Lal PW8 were stated to be eye witnesses.
The cattle of Krishna Murari were sent to the house of Ram Kripal ten days prior to the occurrence and he had also sent his family out of the village to his wifes house in another village.
Sudhakar Pandy I.O. P.W.10 took down the statements of Rama Kant Derma PWl , Manik Lal Varma PW7 and Munna Lal PW 8 .
Rama Kant further alleged that in the morning Daljeet Singh PW3 , Jaising Mau and Hari Om PW4 told him that on 10.11.94 at 9.00 A.M. the appellants were seen by them, taking number vegetarian food alongwith Ram Tilak and Ram Kripal at the shop of Ram Kripal.
The High Court allowed the appeal filed by the companyvicted appellants, while dismissing the revision petition filed by the informant and rejected the reference.
He was transferred from Tarun P.S, on 13.11.94.
He arrested Kashiram, Raghava Ram and Ram Tilak on the same day.
Ramakant, Umakant and Girish tried to rescue the victims, but the assailants attacked Girish and Ram Dev also by means of their weapons.
The bedding companysisting of Kathri, Rajai and two chadars and Tehmad of deceased Girish were found on the company which was also stained with blood.
There were stains of blood on the wall and the memo Ex Ka8 thereof was also prepared and articles with blood on walls were sealed separately.
Appellant was the informant in the case.
It has number even analysed the factual companyclusions.
Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court, Lucknow Bench, directing acquittal of the respondents 2 to 5 who were found guilty of offences punishable under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 in short the IPC .
Then statements of witnesses were taken down.
