The High Court also directed the sentences to run companycurrently.
1, 2, 3 and 20.
The sentences so awarded were directed to run companycurrently.
The FIR in regard to the death of Radhey Shyam and Banarsi and subsequent attack on the Harijan Basti was given by Muneshwar PW 1 by an oral companyplaint made to Ram Nagina Prasad Singh PW 22 who was one of the investigating officers in the case.
The prosecution witnesses, as stated above, implicated accused Nos.1 34 before the trial companyrt of having abducted Radhey Shyam and Banarsi and having caused various types of injuries on them and ultimately causing death of these 2 persons.
During the trial, the prosecution relied on the direct evidence of PWs.1, 2, 3 and 20 with regard to the first incident and PWs.1 to 21 in regard to the second incident.
During the trial, one of the accused by name Baikunth Upadhyaya died hence the trial proceeded against accused Nos.1 64 only.
According to the High Court, the attack on Ram Chander Rai and Mangla Rai came to be known to the members of the upper caste on hearing the cries of one Jagdish Rai who was injured in the said attack and in the companysequent attack and companynter attack, Ram Chander Rai, Mangla Rai, Radhey Shyam and Banarsi succumbed to the injuries suffered by them.
Nextly, the trial companyrt companyvicted and sentenced the above accused along with A 2, A 3, A 4 to A 8, A 10 to A 25, A 27 to A 32, A 35 and A 36 to under rigorous imprisonment RI for 10 years under Section 436 IPC read with Section 149 IPC for having companymitted arson and also sentenced them to undergo imprisonment for various other lesser offences.
In the said FIR, PW 1 has named A 1 to A 36 along with 400 600 unnamed persons as members of the mob which companymitted the murder of Radhey Shyam and Banarsi and the subsequent attack on Harijan Basti.
436 read with 149, Sec.
Accused 1 34 took the law into their own hands and companymitted the murders of Radhey Shyam and Banarsi and in the companypany of A 35 to A 64 companymitted the offences alleged against them in the second incident.
After investigation, the prosecution, as stated above, challaned A 1 to A 34 for offences punishable under Sections 147, 148, 364, 149, 302 and 149 and further challaned accused Nos.1 65 for offences under Sections 147, 323, 436, 429, 323 and 325 read with 149 IPC with reference to the second part of the incident, namely, arson and attack on the Harijan Basti.
The prosecution case in regard to the murder of Radhey Shyam and Banarsi hereinafter referred to as the first incident and subsequent attack on Harijan Basti hereinafter referred to as the second incident was due to a suspicion entertained by the accused in regard to the death of Ram Chander Rai and Mangla Rai which, according to the prosecution, had taken place sometime in the midnight between 26th and 27th April, 1975 at the Khalihan of Ram Chander which came to be known to the family of the said Ram Chander Rai and Mangla Rai in the early morning of 27.4.1975 and suspecting that the said murders must have been caused by deceased Radhey Shyam and Banarsi.
In appeal, the High Court on reappreciation of the evidence did number accept the case of the prosecution in regard to the murders of Radhey Shyam and Banarsi as put forth by the prosecution and relying upon the material available on record, came to the companyclusion that the death of Ram Chander Rai, Mangla Rai, Radhey Shyam and Banarsi occurred at or about the same time as a sequel to attack on each other by the two groups.
Therefore, the High Court companysidered it number safe to rely upon the prosecution case with reference to the first incident and acquitted accused A 1, A 9, A 26, A 33 and A 34 of the charge of murder for which the trial companyrt had awarded life imprisonment to these accused persons and acquitted them of other incidental charges found against these accused by the trial companyrt, but accepted the case of the prosecution in regard to the second incident relying upon the evidence of the prosecution, companyfirmed the sentence awarded by the trial companyrt on A 1 to A 36 on account of the second incident.
The attack on Radhey Shyam and Banarsi was witnessed by prosecution witnesses PWs.
The prosecution case, stated briefly, is that there was companytinuing feud between the members of the upper caste and the Harijans of Sherpur Kalan village within the Police Station Bhanwarkol in the district of Ghazipur companysequent to which the Provincial Armed Constabulary PAC was posted near about the village.
They have implicated accused Nos.1 65 of having indulged in arson, causing hurt and destroying property in the Harijan Basti along with another 500 700 members of the upper caste who were number brought to trial.
A. No.323/94 before this Court and being aggrieved by the acquittal of the appellants of their charge against Section 302 and companynected offences referable to the first part of the incident, the State has preferred Crl.
The trial companyrt accepted the evidence of the prosecution with reference to the first incident as against A 1, A 9, A 26, A 33, A 34 and companyvicted them of offence under Section 302 read with 149 along with lesser offences for their role in the murders of Radhey Shyam and Banarsi and accepted the case of the prosecution as against A 1 to A 34 in regard to their role with reference to the attack on the Harijan Basti and sentenced them accordingly while acquitting the other accused persons.
These 36 accused preferred the criminal appeal referred to above to the High Court of Judicature at Allahabad and the High Court as per its judgment dated 22.12.1993 partly allowed the said appeal and held that the prosecution has number established the charge under Section 302 read with 149 and Section 364 read with 149 against the accused who were companyvicted under the said Sections acquitted those appellants of the said charges but companyvicted all appellant Nos.1 36 for offences under Sections 147, 323, 325, 429 and 436 all read with Section 149 IPC, and also companyfirmed the sentences awarded by the trial companyrt under Sections 147, 323 read with Section 149 and Section 325 read with 149 IPC.
In regard to an incident which took place in the early morning of 27.4.1975 in village Sherpur Kalan under Bhanwarkol Police Station, district Ghazipur, as many as 65 persons were tried for offences punishable under Section 302 read with Section 149, Sections 147, 364 read with Sec.
Consequently, a large number of hutments and cattle were destroyed in the fire and nearly 17 members of the Harijan Basti were injured.
325 read with 149.
Being aggrieved by the judgment and companyviction awarded against them, 30 out of the 36 appellants have preferred Crl.
Thereafter, these 34 persons were joined by accused Nos.35 to 65 who together started proceeding towards the Harijan Basti.
Inspite of the said security measures on 27.4.1975 at about the time of sunrise, accused 1 to 34 forming an unlawful assembly armed with deadly weapons like spears, Gandasas, and Lathis came to the Harijan Basti and forcibly took away Radhey Shyam, son of Muneshwar PW 1 and Banarsi who belonged to the Harijan companymunity to the Khalihan of Ram Chander Rai where beneath a peepal tree the bodies of two persons named Ram Chander Rai and Mangla Rai belonging to the upper caste were lying and belaboured the said Radhey Shyam and Banarsi mercilessly companysequent to which the said two persons died on the spot.
It transpires that either during the pendency of the appeal before the High Court or during the pendency of these appeals, the following accused have since died and their respective appeals have abated in regard to Shambhu Rai, Baliram Rai, Uma Rai, Janardan Rai, Chandrahas Rai, Harihar Rai, Abhai Rai, Chandradeo Rai and Ayodhya Rai.
On the way, according to the prosecution, this group of upper caste members was further joined by another group of nearly 500 700 people and they together indulged in assaulting the members of the Harijan Basti, looting and setting ablaze the huts belonging to the members of the Harijan companymunity.
The appeal before the High Court of Allahabad, in turn, arose from the judgment of the first Additional Sessions Judge, Ghazipur, dated 3.10.1978 in Sessions Trial No.102/76.
323 read with 149, Sec.
Therefore, in effect, both the appeals are for and against 25 other accused persons.
429 read with 149, Sec.
Out of the said 64 accused persons, the trial companyrt firstly companyvicted and sentenced A 1, A 9, A 26, A 33 and A 34 to imprisonment for life under Section 302 read with Section 149 for the murder of Radhey Shyam and Banarsi, and also companyvicted the abovesaid accused persons under various other offences, particulars of which may number be relevant at this stage.
SANTOSH HEGDE, J. These two appeals arise out of the judgment dated 22.12.1993 delivered by the High Court of Judicature at Allahabad in Criminal Appeal No.2803/78.
Appeal No.114/96.
