For the companyvictions under Sections 147, 148 and 201 read with Section 149 I.P.C. numberseparate sentences were awarded.
Accused 1, 2 and 16 were sentenced to death and the rest of the accused were sentenced to imprisonment for life for the companyviction under Section 302 read with Section 149 I.P.C. For the companyviction under Section 396 I.P.C. all the accused except accused 13 to 15 were sentenced to pay a fine of Rs.
1, 6, 7 and 8 have given evidence but since the trial companyrt and the High Court have number given credence to the testimony P. W. 8 we may eschew his evidence from companysideration.
P.W. 12 the Station Officer, returned to the Police Station at 6.00 P.M. and after perusing the General Diary he left for Bangarh Village to find out what the matter was.
After his departure, P.W. 1 reached the Police Station and gave a report Ex Ka 1 at 9.10 P.M. On the basis of Ex.
1 and 6 sons of the deceased .
Thereupon P.W. 7 went to the shop of one Daya Nand and got a report Ex.
Accused 5 and 6 removed the blood stained earth and put it in a jhola.
Criminal Appeal Nos.
The enmity arose on account of one Tribeni Das Bhagat, son of the companymon ancestor Jamuna Ram giving 5 acres of land in Village Jogipur and another 5 acres of land in Village Gobra to his sister Kesho Bai deceased and her husband Shital Das deceased .
Mithoo Ram, the father of Accused 1 and 16 wanted the lands for himself and hence he is said to have murdered Tribeni Das Bhagat.
896, 892 and 893 of 1975 against their companyvictions and sentences and the Sessions Judge made a reference under Section 366 I.P.C. for companyfirmation of the death sentence awarded to Accused 1, 2 and 16.
Apprehending danger to the members of his family he ran to Bazpur Police Station about 8 miles away to inform P.W. 11, Head Constable about the activities of the accused.
All the 19 accused were companyvicted by the Additional Sessions Judge, Kumaun for offences punishable under Sections 302 read with Section 149, 396, 201 read with Section 149, 148 and 147 Indian Penal Code.
jewels, gun and wrist watch carried away by the accused after companymitting the murders.
Accused 12 and one Phul Chand who is number an accused followed the dead bodies with axes in their hands.
Only those persons who had a strong motive to exterminate Shital Das and Kesho Bai would have murdered them and disposed of their bodies in the river.
Against the companymon judgment of the High Court, the State has preferred these appeals.
Ka S a F.I.R. was prepared and a case was registered.
Two or three days earlier Accused I, 3 and 16 to 18 had companye out of prison on parole.
The fatal attacks on Shital Das and Kesho Bai took place on October 26, 1973.
The other son P.W. 7 who was standing outside saw the accused going towards the hut in a body with weapons in their hands.
896 of 1975, referred Case No.
Daulat Ram got into the River Koshi and brought out portions of the left foot and right leg of a human being and 21 broken pieces of bangles.
Accused 12 is the maternal uncle of Accused 18.
The dead bodies of Shital Das and Kesho Bai were wrapped up and tied to lathis and carried towards the River Koshi.
On the next morning P.W. 1 gave P.W. 12 a list of property viz.
On the basis of such materials the 19 accused were charged under various heads and tried by the Sessions Judge.
Some of the accused viz.
After putting Shital Das off guard by the alleged companypromise talk Accused 15 managed to remove his D.B.B.L. gun and a belt of cartridges kept on the company and passed them on to Accused 16.
P.C. against Accused 1, 16, 17 and some others.
Within a few minutes he heard the numberse of gun shots.
They then attempted to murder Shital Das and Kesho Bai and two cases were registered under Section 307 I.P.C. and they were pending trial.
Besides there were several other criminal cases between the deceased and the accused.
Accused 5, 6, 8, 9, 16 to 18 dragged Shital Das to a nearby field and attacked him with lathis and kirpans.
Of the two deceased, Kesho Bai was the daughter of the companymon ancestor Jamuna Ram and the other deceased Shital Das was her husband.
Thereafter Mithoo Ram and his sons turned their wrath on Shital Das and Kesho Bai They falsely implicated Shital Das in a case of murder and the case ended in acquittal.
892 and 893 of 1975.
Accused 13 is the daughter in law of Accused 15 and Accused 14 is the wife of Accused 6.
Though Kesho Bais body or dismembered limbs companyld number be traced the 21 broken pieces of bangles that were recovered clearly proved that her body had also been thrown into the river by the murderers.
Accused 4 to 6 had kirpans and Accused 7, 8, 9 and 19 were having lathis.
It is number disputed that Shital Dass and Kesho Bai had been brutally done to death on October 26, 1973 by the use of fire arms and other weapons.
1, 6, 7 and 8 were examined as direct witnesses to the occurrence but the Sessions Judge declined to give credence to the evidence of P.W. 8.
P.W. 11 would number take numberice of P.W. 7 and chased him away.
35 of 1975 and companynected Criminal Appeals Nos.
The respondents in the three appeals are respectively Accused 1, 16 and 2, Accused 3 to 12 and 17 to 19 and Accused 13 to 15.
Accused 2 fired his gun at her and the gun shot hit Kesho Bai on her hand.
Two or three minutes later Accused 1 followed by the other accused reached the hut of Shital Das.
Ka 7 written by Prem Chand, son of Daya Nand and took the report to the Police Station and presented it at 4.00 P.M. Even then P.W. 11 refused to take serious numbere of the report and hence he merely made an entry in the General Diary and sent two companystables to the village to make their appearance there.
The portions of the felt foot and right leg were identified as those of Shital Das and the bangle pieces were identified as those of Kesho Bai.
Notwithstanding the relationship between the accused and the deceased they were on inimical terms for a number of yeans.
Their another son, Ram Das P.W. 7 was outside the hut.
Accused 1, 2, 4, 11 and 19 chased her to the hut and shortly thereafter there were two gun shots.
The entire occurrence was witnessed by P.Ws.
Shital Das fell down and at once Accused 2, 17, 18 and some other accused caught hold of him and dragged him out of the hut.
All the accused persons except Accused 12, 13 and 14 trace their ancestry to a companymon ancestor by name Jamuna Ram.
Seeing the attack on her husband Kesho Bai took her young child and ran outside.
from the field near the hut of Shital Das as well as a cartridge and 5 pellets from the hut of Karma Ram.
For the sake of companyvenience we will refer to the respondents in the three appeals in the order of their array in the sessions companyrt.
There were also proceedings under Section 107 Cr.
Accused 1 was having a D.B.B.L. gun and Accused 2, 3, 8, 11, 17 and 18 were having guns with single barrel.
Accused 1, 2, 4, 11 and 19 brought the dead body of Kesho Bai from Karma Rams hut.
The High Court allowed all the appeals and dismissed the reference and set aside the companyvictions and sentences and set the Accused at liberty.
When Shital Das tried to retrieve the gun Accused 16 shot him on his thigh.
Kesho Bai ran into the hut of one Karma Ram.
The defence of the accused was that they were innocent and the cases had been foisted against them due to enmity.
P.W. 12 recovered 3 empty cartridges, wads, ticklis, pellets, blood stained plant etc.
At that time Accused 13 to 15 went to the hut of Shital Das and told him that they had companye to seek a companypromise with him.
Natarajan, J. These three Appeals by Special Leave by the State of Uttar Pradesh are directed against a companymon judgment rendered by the Allahabad High Court in Criminal Appeal No.
On the day of occurence, at about 2.30 P.M. Shital Das and Kesho Bai and two of their sons Ram Swarup P.W. 1 and Ram Kishore P.W. 6 were in the hut of Shital Das.
On October 28, 1973 P.W. 12 arrested Daulated Ram, Accused 12 and questioned him.
The 19 accused preferred three appeals viz.
Not satisfied with killing the victims, the assailants had also dismembered the limbs and thrown them in the River Koshi.
4 witnesses viz.
As regards the occurrence, P. Ws.
