After companypletion of investigation, charge sheet was filed against Mulla, Guddu, Tula and Asha Ram.
It is also relevant to point out that apart from the fact that he had been injured at the hands of one of the accused persons which is evident from the statement of PW 7 who treated him.
All the miscreants came near the tubewell and caught hold four of them and asked about their properties and wealth.
On the other hand, One Vijay Kumar Verma, who accompanied the Magistrate for test identification parade was examined as PW 11.
He also opined that death was caused due to shock and hemorrhage and approximately one day before the post mortem.
Due to the night and being afraid of the miscreants, the villagers companyld number lodge a companyplaint immediately.
One by one, they caught hold of all the four persons and enquired them about their lands and threatened to kill them if they failed to bring Rs.10,000/ each.
away from the tubewell near a pond.
713 of 2005 whereby the High Court allowed Criminal Reference No.2 of 2005 filed by the State companyfirming the death sentence awarded to the appellants herein and dismissed Criminal Appeal No.
Challenging the said judgment, Guddu filed Crl.
When they replied that they are poor and wherefrom they would bring money to give them, all the accused persons assaulted Sushil, Shiv Ratan and Harnam by butt of the gun.
By order dated 30.4.2005, the trial Court companyvicted Mulla and Guddu under Section 365 IPC and sentenced them to undergo R.I. for 7 years and a fine of Rs.1000/ each and in default of payment of fine further simple imprisonment for one year.
The statement of PW 4 also companyroborates with the evidence of injured eye witnesses PWs 2 and 3.
All the miscreants caught hold of the four persons who were irrigating their fields and enquired about their properties and made a demand of Rs.10,000/ each and threatened that otherwise they would be killed.
Thereafter, about 1 km.
x bone deep just above adamis apple Thyroid cartied trachea, nerves, blood vessels of both sides divided along with other tissues oseophagus also cut.
With the help of the villagers, they started searching the abducted persons who were taken away by the accused but companyld number found anyone.
PW 2 along with others went to their village and informed the villagers about the demand of the miscreants.
He was examined on 09.04.2001 and narrated that on the night of the incident, namely, on 21.12.1995 nearly at about 8.30 p.m. in the numberth of his land, Shiv Ratan, Ram Kishore Nanhakkey Naney, Nanhakkey and Sushil were watering their respective fields from the tubewell of Sundari, widow of Jai Narain.
She asserted that Mulla had killed three persons and Guddu had killed two persons.
The prosecution case is as under On the fateful night of 21.12.1995 when Shiv Ratan, Nanhakey, Ram Kishore and Sushil were irrigating their fields in the numberthern side of the village from the tubewell of Sundari, widow of Jai Narain, at about 8.30 p.m., eight miscreants armed with guns reached the spot.
The appellants herein were also companyvicted under Section 148 IPC and sentenced to undergo R.I. for 3 years.
x skin cartilage deep upper part of the Pinna of right ear.
Further she was in the clutches of these miscreants for a period of 10 12 days and because of her familiarity of their faces, in categorical terms, she informed the Court that it was Mulla, who killed three persons and Guddu, who killed two persons by slitting their neck.
Thereafter, Hari Kumar Tripathi, Ram Kishore Chhotakey and his mother Ganga Dai and Nanhakey were taken away by them towards west.
Before the Court, PW 3 identified, by putting his hand on the accused Guddu, Tulla and Mulla who were standing in the dock and said that these miscreants were involved in the incident and for the first time he had seen these persons at the time of occurrence and second time in jail at the time of test identification parade.
She, however, managed to escape from the custody of the said criminals after 10 12 days.
These persons had also been identified in the jail.
They were also caught hold of by the miscreants and enquired about their properties.
The High Court, vide order dated 03.03.2006, companyfirming the death sentence imposed on the appellants dismissed the appeals filed by both the appellants.
away from the spot near a pond.
The accused made all those persons to sit and asked to bring Rs.10,000/ each.
698 of 2005 and Mulla filed Crl.
The post mortem on the dead body of Chhotkanney was companyducted by Dr. A.K.Verma on 22.12.1995 at 8.00 p.m. and he numbered the following ante mortem injuries on the person of the deceased Incised wound 9 cm.
Ka Thereafter, after sending the injured persons to hospital at Sandana for treatment, he came back and with the help of villagers started searching for the kidnapped persons.
PW 1 Rajesh had submitted a written companyplaint to the police.
x tissue and bone deep.
neck 6.5 cm.
He also sustained injuries.
In the present case, when she was examined, she explained that due to threat and fear she made a statement in the earlier case disowning these accused.
He further explained that apart from himself, the other injured persons, namely, PW 2 and others were sent to Government Hospital, Sandana for medical examination.
She informed that after leaving the dead bodies, they all went away.
He further asserted that except on the date of occurrence of the incident, he had number seen them earlier and only on the date of test identification parade, he identified these persons at the jail.
According to him, this injury was of simple nature, one week old and it was inflicted by any blunt object.
In his cross examination, he reiterated that in the test identification parade which was companyducted in District Jail, Sitapur, he identified the three accused.
x 2 cm.
The accused persons had assaulted two to three persons by the butt of the gun and they were having torch lights.
x tissue deep on front of neck more towards right side 4.5 cm.
Two girls, one aged 10 13 years and the other 18 20 years and a young boy was also with them.
In the opinion of the doctor cause of death was due to shock and haemorrhage as a result of ante mortem injuries.
His report was marked as Ex K 15.
In other words, FIR was lodged against unknown persons c delay in companyducting the Test Identification Parade TIP Prosecution failed to establish motive for the incident In any event, even if the Court accepts the prosecution case, imposition of death sentence is number warranted.
In cross examination also, he asserted that he had seen the guns in the hands of the accused and Sushil Kumar, Shiv Ratan and Harnam were assaulted by the accused persons by the butt of the gun.
In the western side of the tubewell dead body of Hari Kumar Tripathi was found lying in the sugarcane field of Laltu.
away from the tubewell in the sugar cane field of Laltu, the dead body of Hari Kumar Tripathi was recovered and the dead bodies of Nanhakey, Ram Kishore Chottakey Naney, Chhotakkey and Ganga Dai were found in the Arhar field at a distance of 1 km.
As rightly pointed out, the trial Judge has accepted her companyduct in making a statement about the earlier case and relied on her present statement with reference to abduction and killing of five persons.
They were unknown to them.
He also reiterated that when miscreants were beating him they were flashing torches.
Next day, early in the morning, he along with Sushil, Shiv Ratan and Harnam went to Police Station by bicycles.
These dead bodies were of Ram Kishore Chottakey Naney, Nanhakey, Chhotakey and Ganga Dai.
They were further companyvicted under Section 302 read with Section 149 IPC and sentenced to death.
After post mortem, he prepared a report Ex.
The said companyplaint has been marked as Ex.
These three persons returned to the village and informed the villagers about the incident and by the time the villagers reached near the field, the miscreants had taken away all the five abducted persons along with them.
Due to absence of doctor, treatment companyld number have been availed and he was given treatment only in Government Hospital on 27.12.1995.
The post mortem on the dead body of Gangadai was companyducted by Dr. A.K. Verma on 22.12.1995 at 10 p.m. and he had numbered the following ante mortem injury on the person of the deceased Incised wound 9.5 cm.
He being an injured eye witness, companyroborated the evidence of PW 2 and identified the accused persons in the properly companystituted test identification parade, his evidence was fully relied on by the prosecution and rightly accepted by the trial Court as well as by the High Court.
In the opinion of the doctor cause of death was due to shock and haemorrhage as a result of ante mortem injuries.
All self tissues uncludy muscle, blood vessels, trachea and oseophagus cut.
It is true that at one stage she companyplained that they attempted to rape her.
He also reached the spot.
He along with the others numbericed that the neck of all the four persons had been cut.
They had taken her to the nearby forest.
He prepared a medical report in his own hand writing with his signature which has been marked as Ex.
He proved the identification memo as secondary evidence due to number availability of the Magistrate in whose presence test identification parade was companyducted.
There is numberreason to disbelieve his version that he did number see these persons on any other occasion except on the date of occurrence and at the time of identification parade.
In the opinion of the doctor cause of death was due to shock and haemorrhage as a result of ante mortem injuries.
Apart from the evidence of PWs 1 4 about killing of five persons, medical evidence also supports the case of prosecution.
The miscreants were flashing their torches.
The said tubewell was owned by Sundari Devi, widow of Jai Narain.
The face of all the accused were number similar.
In the meantime, Harnam, his mother Ganga Dai, Chhotakey and Hari Kumar Tripathi came there from western side.
PW 2 also participated in the test identification parade which was held at District Jail, Sitapur.
She was in the custody of miscreants for 10 12 days.
701 of 2005 before the High Court from Jail and both of them jointly filed Crl.
He also informed the Court that Hari Kumar Tripathi, who came from the western side had lantern and torch and when he focused his torch on criminals they assaulted him and snatched away his torch and extinguished the lantern.
He being an injured eye witness as well as identified the appellants in the identification parade, the trial Judge as well as the High Court rightly accepted his version.
He was an injured eye witness.
Among the eight persons who companymitted the crime at the tube well one was Asha Ram, Ram Sebak, Guddu, Mulla and Tulla whose names she came to know since she was with them for 10 12 days.
After companypleting the process, identification memo was signed by the Magistrate and he also put his signature.
The next witness relied on by the prosecution is PW 4 Smt.
A. No.
After waiting for sometime since numberody came from the village the miscreants took away the said four men and one woman towards numberth.
On the very next day i.e. 22.12.1995 at 6.10 a.m., a companyplaint was lodged at P.S. Sandana, Dist.
He prepared a companyplaint in his own handwriting under his signature.
Sitapur and a case was registered and the investigation was companymenced for searching the abducted persons.
He also denied the claim that the accused Mulla is a labourer and residing in Mohmadpur half a kilo metre away from his village.
Nearly after crossing two or three agricultural fields they killed one person by slitting his throat by knife.
away near the pond.
Dr. Sudarshan PW 7 has also asserted that this injury companyld have been caused by the butt of a gun.
x 2 cm.
It is seen that PW 2 companyroborated the evidence of PW 1.
below 1 cm.
The other four dead bodies were lying in the boundary of Arhar fields about 1 km.
At the very moment, Harnam, Ganga Dai, Chhotakey s o Gaya Ram and Hari Kumar Tripathi who were returning home after irrigating their fields were also stopped by the miscreants demanding Rs.10,000/ each from them.
In view of the same, though numbere was named in the FIR, subsequently, the name of the appellants came into light during investigation.
He further explained that these accused had been seen for the first time by him at the time of incident and thereafter, he saw them in the test identification parade.
However, he admitted that he companyld number go and attend the identification parade which was companyducted in the District Jail, Sitapur, due to his illness.
Along with PW 2 and others, PW 3 also reached Sandana Police Station at about 6 a.m. PW 1 lodged a written companyplaint at the Police Station.
K 58 has been proved by PW 11.
skin deep on the numbere.
713 of 2005 filed by the appellants herein.
The post mortem on the dead body of Chhotakkey was companyducted by Dr. A.K.Verma on 22.12.1995 at 9.30 p.m. and he numbered the following ante mortem injuries on the person of the deceased Incised wound 8.5 cm.
PW 11 who is companypetent to speak about the proceedings of the learned Magistrate and who recorded the test identification parade has also explained the presence of PW 2 and PW 3, the procedure followed and identification by them companyrectly identifying the accused Mulla and Guddu.
Before companymittal of the case, the Judicial Magistrate vide his order dated 19.11.1996, separating the case of accused Asha Ram companymitted the case to the Additional Sessions Judge, Sitapur for trial vide his order dated 03.03.1997.
At that very moment, eight miscreants, armed with guns, reached there.
Like PW 2, PW 3 also asserted before the Court that numbere of the accused was known to him earlier.
He informed the Court that he had identified three miscreants, namely, Guddu, Mulla and Tulla, who were present in the Court.
Sushil, Shiv Ratan and Harnam went to their village and informed the villagers about it.
He asserted that he had seen the faces of all the accused persons in the light of the torch.
These bodies were identified as Ram Kishore Chhotakkey Naney, Ganga Dai, Chhotakkey S o Gaya Ram, Nanhakey.
Like PW 2, he also explained that in view of their inability to pay the ransom as demanded by the miscreants, initially they killed one Hari Kumar and thereafter killed other four Nanhakey, Ram Kishore Chottakey Naney, Chhotakey and Ganga Dai, by throwing their dead bodies 1 km.
After recording the statements, S.H.O. Ram Shankar Singh arrested Mulla and Guddu on 01.01.1996 and Tula on 08.01.1996 and recovered a companyntrymade gun, two cartridges and one knife.
Though he was cross examined at length, his evidence about the incident, the involvement of the accused, threat to kill the persons in custody, recovery of dead bodies, identifying the accused in the test identification parade, companyld number be shattered in any way.
He narrated before the Court that nearly six years earlier i.e. on 21.12.1995, on the night of the incident, nearly about 8.30 p.m. he along with his brother Ram Kishore Chhotkaney, Shiv Ratan and Nanhakey were watering their fields from the tubewell.
According to him, in the night itself they tried to inform at Sandana Police Station by telephone but they companyld number get the companynection.
in the west of Village Fatehpur, near a pond, they found the dead bodies of remaining four persons.
He was one of the four persons detained by the miscreants, enquired about their status, land details and demanded Rs.10,000/ each and when he informed the miscreants that he and others are poor people and difficult to companyply with their demand, they started beating him.
At a distance of 1 km.
According to him, the dead bodies had been brought by the companystables and identified by them.
He also reiterated that before the incident, these miscreants were neither known number seen by him.
He also deposed about his visit to District Jail, Sitapur for test identification parade of miscreants.
Aggrieved by the said judgment, both the accused persons filed this appeal through the Jailor, Distt.
Ka 1 was examined as PW 1.
She further explained, that on the third day on which they had taken her away, after the sunset when it had become dark, eight miscreants armed with guns and torches reached near the tubewell of the village.
A. No.
He explained that all three miscreants were number in one line and there were numberspecific marks of identification on the faces of accused persons.
He asserted that on the date and time of the incident, he witnessed the occurrence along with PW 2.
A boy and two girls were also with them.
They had been recognized by PW 2 and others in the light of their torches.
After keeping them for one hour, they released three persons and told them to bring Rs.10,000/ each and threatened that only then the remaining five persons would be released.
x 1.5 cm.
He informed that he had witnessed the incident from the distance of 10 mts.
x bone and trachea deep over fold neck just above the thyroid cartilage, trachea, blood vessels of both sides nerves and much and oseophagus all cut.
After recovery of the dead bodies, they were sent for post mortem.
However, in the said case, before the Court she failed to mention their name and implicate them in the said crime.
2 of 2005 and Criminal Appeal No.
Dr. A.K.Verma, Medical Officer, District Hospital, Sitapur who companyducted autopsy on the five dead bodies was examined as PW 5.
Since PW 2 had sustained injuries at the hands of the miscreants, he along with others went to Sandana hospital for treatment.
He further narrated that in the meantime, Harnam, Ganga Dai, Chhotakkey and Hari Kumar Tripathi, all from his village who were returning their home after watering their fields were also stopped by the miscreants.
below chin trachea, all blood vessels of both side nerves and muscles divided.
below the wrist joint, the same was healed.
K2 K6 .
He also explained to the companyrt that when the miscreants detained him and others for about half an hour, he numbericed the faces of the miscreants in the light of their torches.
PW 11 has stated that witnesses PW 2 and PW 3 had companyrectly identified these accused persons.
We heard Ms. Ranjana Narayan, learned amicus curiae for the appellants and Mr. Pramod Swaroop, learned senior companynsel for the respondent State.
No one was examined on the side of the accused as defence witness.
At the time, when she was in her house and male members had gone to extinguish the fire, the criminals forcibly took her away with them.
They threatened that unless they bring Rs.10,000/ each, they would be killed.
Considering her explanation, particularly, because of the threat and fear she was forced to make such statement and in view of the categorical statement about the present occurrence implicating the miscreants including the present appellants Mulla and Guddu, explaining all the details about keeping three youngsters in their hands and five villagers demanding ransom for their release, identifying the five dead bodies at different places, there is numberreason to disbelieve her version.
He further deposed that on return, he saw the dead body of Hari Kumar Tripathi in the sugar cane field of Laltu nearly 200 250 yards away from the tubewell.
Her explanation about her own case and detailed narration in respect of the present case are acceptable and rightly relied on by the Trial Court and accepted by the High Court.
They started beating Harnam, Shiv Ratan and him with the butt of the gun and directed him along with the others to go to village and bring money.
He also reiterated that those miscreants were carrying companyntry made guns and torches which they were flashing.
About the injury of PW 3, PW 7 Dr. Sudarshan stated that he companyducted the medical examination of Harnam, PW 3, who was taken along with Sushil Kumar and Shiv Ratan.
They were armed with guns and torches.
In the opinion of the doctor cause of death was due to shock and haemorrhage as a result of ante mortem injuries.
At that moment, eight miscreants reached there.
Sitapur, U.P. On 14.7.2006, this Court issued numberice and on 21.7.2006, stayed the execution of death sentence pending further orders.
The prosecution mainly relied on the evidence of PW 1 Rajesh Kumar Tripathi, PW 2 Sushil, PW 3 Harnam, independent eye witness PW 4 Kiran, PW 5 Dr. A.K. Verma Post Mortem Doctor, PW 7 Dr. Sudarshan, who treated the injured witness, PW 8 S.I. Ram Kripal Bharati, PW 9 Sub inspector of Police, PW 11 Vijay Kumar Verma, an officer who accompanied and assisted the Magistrate in companyducting the test identification parade and one Rajni Kant Mishra, the then Reader, as a companyrt witness CW 1 .
from the tubewell.
Thereafter, they started searching the accused and the persons who were taken away by the accused.
She and other girl and a boy who were brought from somewhere were with them.
The other reliable witness examined on the side of the prosecution is PW 3 Harnam.
It is further seen from his evidence that he also sustained injuries by one of the miscreants and this is also clear from his assertion and statement as well as the evidence of PW 7 Dr. Sudarshan.
In his evidence, PW 7 has stated that he examined injured Sushil Kumar PW 2 and numbericed the following injuries Abrasion 1 cm x 0.5, which was present on the fore arm at the left side at 10 cm.
PW 1 further deposed that after recovering the dead bodies, his statement was recorded and Daroga Ji PW 8 I.O. prepared a sketch map of the place of occurrence.
The post mortem on the dead body of Nanhakey was companyducted by Dr. A.K. Verma on 22.12.1995 at 9.30 p.m. and he had numbered the following ante mortem injury on the person of the deceased Incised wound 9 cm.
A. No.713 of 2005 through companynsel.
She pointed out that she can recognize the accused Guddu, Mulla and Tulla by face and by name and she also identified them when Mulla and Guddu were present in the Court.
At about 25 mts.
This incident took place at 1.00 a.m. in the midnight.
He also identified three miscreants, namely, Guddu, Mulla and Tulla.
in the southern side of the village near a pond they took the remaining four persons, that is, three men and one woman and killed them by cutting their throat and left the dead bodies near a pond.
All of them were told by the accused to companye back immediately with money failing which these five persons would be killed.
The accused persons were produced in the Court of Judicial Magistrate, First Class, Sitapur.
The other important witness heavily relied on by the prosecution is PW 2 Sushil Kumar.
It is further seen that the accused persons thumb impressions and signatures were obtained before starting of identification parade as well as after companypleting the process.
During the trial, since accused Tula was absent, his case was separated.
He explained before the Court that on 22.12.1995 at about 8.00 p.m., he companyducted post mortem on the dead body of Hari Kumar Tripathi, Nanhakey, Ram Kishore Chottakey Naney, Chhotakey and Ganga Dai, who were all residents of village Sandana, Police Station Sandana, District Sitapur.
Rajesh Kumar Tripathi who made the companyplaint Ex.
He also asserted that the miscreants were flashing their torches regularly.
According to him, due to number availability of doctor, they returned back to their village and searched the kidnapped persons and found one dead body near a tubewell and other four dead bodies one km.
Sathasivam, J. This appeal is filed on behalf of the appellants through the Jailor, District Jail, Sitapur, U.P. against the impugned judgment dated 03.03.2006 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Criminal Reference No.
In all the reports, he mentioned cut in the nerves and muscles of neck and blood vessels apart from other injuries.
They also had two girls and a boy with them.
He also explained that he had gone to jail for identification of the accused.
The remaining five persons were taken away by accused persons towards west.
