Shanker Lal on receiving a gun shot and other injuries fell down and died at the spot.
It is this judgment and order of acquittal passed by the High Court which is sought to be challenged by the State of U.P. in these criminal appeals.
They are innocent and they be acquitted.
A 4 uttered a few abusive words and immediately thereafter A 1 fired at Shanker Lal.
After companypleting the investigation, all the four accused were put up for trial for an offence punishable under Sections 302/34 of the Indian Penal Code for companymitting the murder of Shanker Lal.
The Medical Officer opined that the cause of death was shock and haemorrhage as a result of fire arm injuries.
Shankar Lal, therefore, on December 24, 1983 i.e. the date of incident left his house at about 7.30 a.m. along with his brother Mangal PW 1 and uncle Chhote Lal PW 2 and reached the house of Dwarika Prasad DW 1 to discuss about the No Confidence Motion.
During the companyrse of investigation, Mohan Lal Pandey reliably learnt that A 1 had deposited his fire arm on December 24, 1983 at about 9.30 a.m. in the shop of Waheb Ali.
All the accused thereafter fled away.
Vikram A 3 and Ramanuj A 4 are the residents of village Kurthara.
The accused and in particular Adbul Ali A 1 did number cherish the success of Shanker Lal as the Pradhan of village Tilokpur.
Mangal PW 1 dictated the report of the incident to his uncle Chhote Lal PW 2 and was signed by both of them.
The incident took place at out 8.45 a.m. and the First Information Report came to be lodged at Masauli police station at about 1.00 p.m. The FIR lodged by Mangal PW 1 in all material particulars companyroborated his evidence.
When they reached near the house of Dhanendra Jain, all the four accused appeared on the scene of offence.
They carried the report to the police station Masauli, Distt.
The accused in support of their defence examined Dwarika Prasad DW 1 .
This incident happened at about 8.45 a.m The sound of fire arms and the cries raised by Mangal and Chhote Lal attracted the attention of a companyple of persons including Mahadin and Mahabir.
The companyy of the numberice of No Confidence Motion was being carried by Shanker Lal.
After a brief halt at the house of Dwarika Prasad DW 1 , they left his house in order to go to Lucknow for taking appropriate legal proceeding and to obtain a stay order.
The trial judge awarded death sentence to Abdul Ali A 1 and made a reference under Section 366 Cr.
Mangal PW 1 then stated that his brother Shanker Lal died on the spot.
According to the prosecution, these factors lead to the strained and inimical relations between the two groups, one headed by A 1 and the other by Shanker Lal.
Session Judge, Barabanki, on appraisal of oral and documentary evidence on record by his judgment and order dated 31st August, 1988 companyvicted all the four accused persons under Sections 302/34 of the Indian Penal Code for companymitting the murder of Shanker Lal.
In the said meeting, it was decided to challenge the validity of the No Confidence Motion before an appropriate forum and to obtain a stay order for that purpose, they were to go to Lucknow.
A 2 to A 4 were sentenced to suffer imprisonment for life.
The accused denied the allegation levelled against them and pleaded that they have been falsely implicated in the present crime out of enmity.
Dr. Ram Mohan PW 4 held the autopsy on the dead body on 25th December, 1983.
A 4 used filthy language against Shanker Lal.
The victory of Shanker Lal as the Pradhan was celebrated by his supporters in the village which added an additional insult to the ego of A 1.
At the time of incident which took place on December 24, 1983, undisputedly Shanker Lal was the Pradhan who belonged to the opposite group.
A 4 assaulted Shanker with banka whereas A 2 and A 3 fired from their katta companyntry made pistol .
It is alleged by the prosecution that a year prior to the incident in question, A 1 and his associates has attempted to companymit the murder of Shanker Lal, but he survived and at the material time a criminal case under Section 307 of the Indian Penal Code was pending against them.
A 2 and A 3 also fired from their katta causing bullet injuries to Shanker Lal.
All these four accused persons happened to be close friends of each other, of whom, Abdul Ali A 1 was the Pradhan of Tilokpur Gram Panchayat for about fifteen years until he lost the election to the post of Pradhan to Shanker Lal since deceased .
The said weapon came to be seized under seizure panchanama on 6th January, 1984.
All these criminal appeals along with aforesaid reference were here together.
A 1 then suddenly fired at Shanker Lal.
It was alleged that A 1 and his associates were instrumental in moving this No Confidence Motion.
Mohan Lal Pandey PW 6 then prepared several panchanamas and recorded the statements of various witnesses.
The IVth Addl.
All necessary details about the assault including the role and weapon used by each accused persons has been referred to in the FIR.
Dwarika Prasad DW 1 told Shanker Lal and his associates to go ahead and he would join after a short time.
The High Court, on reappraisal of evidence and other materials on record vide its judgement dated Ist December, 1988 allowed all the three appeals filed by the accused persons, rejected the reference and acquitted each one of them of the charges levelled against him.
A 1 was armed with double barrel gun, A 2 and A 3 were armed with katta and A 4 was armed with banka.
He has stated that on December 24, 1983, he along with Shanker lal and Chhote Lal PW 2 left the house at 7.30 a.m. and went to the house of Dwarika Prasad DW 1 to discuss about the No Confidence Motion.
In the meantime, all the four accused persons filed Criminal Appeal to the High Court challenging the legality and companyrectness of the judgment and order of companyviction and sentence passed against them.
P.C. to the Allahabad High Court, Bench at Lucknow.
A 4 assaulted with banka.
Accordingly, Shanker Lal, Mangal and Chhote Lal left the house of Dwarika Prasad and when they reached near the house of Dhanendra Jain, A 1 armed with his double barrel gun, A 2 and A 3 armed with katta companyntry made pistol and A 4 armed with banka suddenly appeared on the scene of offence and encircled Shanker Lal.
Mangal is the brother of Shanker Lal.
The prosecution in support of its case principally relied upon the evidence of two eye witnesses, namely, Mangal PW 1 and Chhote Lal PW 2 in addition to the evidence of Dr. Ram Mohan, M.O. PW 4 and panch witnesses and various panchanamas.
J U D E M E N T P. KURDUKAR, J. The village Tilokpur companysists of several hamlets, of which Kurthara is one where Adbul Ali son of Maikoo A 1 was residing but lateron he shifted to village Tilokpur.
The reference made by the trial companyrt came to be numbered being Capital Sentence Reference No.3 of 1988.
Mustaffa A 2 was also residing at village Kurthara but thereafter shifted to village Tilokpur.
During the companyrse of investigation, the accused person came to be arrested.
