on being x rayed a radio opaque shadow was also found indicating that he received injury from a fire arm.
4 came with two more persons and met the s.i.
in general they stated that they were implicated because of enemity apart from individually giving the particulars of hostility between them and the prosecution party.
taqi and firdos ali were in injured companydition and one police companystable also was found with an injury.
the police party however surrounded four accused i.e. a ll a 15 a 16 and a 17 with their weapons which blood stained.
4 reached the residence of his friend namely pradhar of village dariyapur and took the help of four persons who also followed the party armed with their licenced guns and the party reached bulandshahr where p.w.
k jayachandra reddy j 1201 in village sakhni within the limits of police station jahangirabad in district bulandshahr at about 3.30 p.m. on 1.2.89 in the companyrse of which 11 people died and some others were injured including a police companystable who was on bandobust duty.
2 p.w.
3 and 10 deceased persons being present at the time of funeral.
thereupon his brother a 2 exhorted the other accused to ensure that numbere of their enemies in the prosecution party should get away alive.
in the meantime the additional police party was seen coming from the side of jahangirabad.
he mentioned the presence of p.w.i p.w.
then the body was buried according to the customs and those persons were pouring the last earth.
the accused were arrested on various dates and some weapons were recovered.
and handed over the letter of the minister alongwith an application seeking police help.
meanwhile people ran helter skelter for saving their lives but the accused went on firing indiscriminately as a result of which deceased number 3 to deceased number 8 received injuries and fell down.
889 891/94.
2 and 3 were such which could have been caused by a fire arm and x ray also companyfirmed the same.
1 and 2 and that other four accused persons who were arrested on the spot were armed with deadly weapons and inflicted injuries on sabir hussain shaukat ali and mohd.
they reached the house of the dead lady and stayed outside the house.
the trial companyrt accepted the evidence of the eye witnesses alongwith the evidence of p.w.
the state also filed two appeals one being against the acquittal of the four accused and the other appeal was for enhancement of sentence of imprisonment of life of the 11 accused to death.
3 also was assulted by the accused nisar s o saklain bhura and jarrar with ballams and farsas.
they remained in jail during the trial and also after conviction except kallu beg alias kallua who was granted bail on some compassionate ground.
two persons received bullet injuries and fell down.
the accused came towards the west of the road and a l exhorted saying that they will teach them a lesson for entering the village for burying the dead body.
razi one of the persons of the accused party died later.
4 however scribed the earliest report went to the police station accompanied by six persons at about 5.30 p.m. and submitted the report.
since these appeals arise out of a companymon judgment of the high companyrt the same can be disposed of together by us.
they were carried from the place of occurrence for treatment.
20 tried to companynsel a he also asked p.w.
just at that time a l came there with 20 to 22 men armed with guns rifles ballams and churries and they blocked the area form the side of the temple.
they also stated that they were number aware about the death of the old lady or about the burial.
he felt that the tension has become more serious and that the police force with him was number sufficient and he asked one of the persons gathered there to inform the police station on telephone from village alipur to send more force at the grave yard.
the police party managed to surround four of the accused namely nisar s o saklain nisar alias baddu s o mohd.
on their application p.w.
it is also alleged that four persons who were brought from dariyapur were companyfined by the accused near the sheesham tree and all their guns also were taken away.
out of them six were sentenced to death and the rest to imprisonment for life and also for shorter terms of imprisonment for the other offences.
4 mohd.
meanwhile the janaza was ready and it was taken to the ancestral graveyard of the village at about 2.30 p.m. by the people who had companye from delhi and some of the local people.
with this modification all the appeals filed by the accused as well as the state were disposed of by a common judgment.
6 the doctor examined p.w.
the s.h.o.
she was suffering from some mental trouble and also severe asthama.
who escorted them having numbericed that there was tension in the village by way of abundant caution went to shamshul kanwar pradhan a 1 and had a talk with him.
he stated that deceased number.
the trial companyrt however acquitted a 9 on the ground that he was aged about 82 years and that he had a cataract in the right eye and as seen in the companyrt he was very old and in a tottered companydition and that a doubt arose about his being a member of the unlawful assembly and participating in the occurrence and accordingly he was given benefit of doubt.
learned companynsel mainly relied on the general diary entry ex.ka 124 made by p.w.
4 and one gulbeg p.w.
it appears that a 1 told him that his brother was killed by the other party and that he cannumber do anything.
inspector p.w.
was pacifying and as he sensed danger he asked w. 4 to send some man to ring up the police station asking for more help.
they filed an appeal in the high companyrt and also sought bail.
at the same time vilayat hussain a 3 and rais a 10 fired at them and that the accused also fired at the police party and there was a stampede.
w. 20 posted his companystables giving some instructions and went to the house of a l and had a talk with him.
2 arrived at the place of occurrence and found all the deceased lying and p.ws.
the trial companyrt sentenced a l and a 2 who opened the fire to death and a ll a 15 a 16 and a 17 who were arrested on the spot holding that a l and a 2 initiated the attack by firing their rifles which hit deceased number.
a 1 shamshul kanwar was at the relevant time the pradhan of the village and he led one faction and the other faction was led by p.w.
there after p.w.
he was however carried by his associates.
the case was registered and the investigation commenced.
the janaza was brought to the idgah of the graveyard and some prayers were offered.
and section 25 of the arms act.
w. 4 thereupon sent one sajjad.
the high companyrt acquitted a 3 vilayat hussain and a 18 ali and companyfirmed the death sentence of a 1 shamshul kanwar but reduced the sentence of death in respect of other five accused to one of imprisonment for life.
4 further deposed that a l and a 2 in the first instance fired simultaneously at the prosecution party and they hit shabir hussain deceased number 1 and his younger brother munnawar hussain deceased number 2 who having received the injuries fell down.
ali farkat ali and ashgar abid 9 persons had already died.
nisar a 15 and bhoora a 13 caused injuries to p.w.
4 10 or 12 days prior to the present occurrence.
in that case 12 persons including p.ws.
1 p.w.2 and others about eight persons alongwith women folk carried the dead body in a truck and started to village sakhni at about 6 a.m. on 1.2.89.
20 however asked him to understand the situation and returned to the place of funeral.
in respect of this occurrence 21 accused were tried for offences punishable under sections 148 302/149 307/149 and 332/149 p.c.
hussain balloo and masita alias ranjha and took them into custody alongwith their respective blood stained weapons.
8 seized the weapons that were recovered and also the empty cartridges at the scene of occurrence and prepared the necessary panchnamas and sent all the dead bodies for post mortem.
the trial companyrt acquitted a 19 a 20 and a 21 on the ground that while the witnesses alleged that they were armed with spears and used them the doctors did number find any injury which companyld have been caused by a spear on any of the injured persons and therefore their presence at the scene of occurrence was doubtful.
the people who had companye from delhi and dariyapur and some people of the village alongwith the police force were there.
out of them azad ali deceased number 10 died later in the hospital.
4 to send one man immediately to village alipur to phone to the police station for additional force.
9 10 11 and 13 companyducted the post mortems on the dead bodies and they found fire arm injuries on many of the deceased persons and also incised injuries on some of them.
criminal appeal number.
4 scribed the f.i.r.
ali the deceased persons and thus took an active part and therefore they deserve the extreme penalty.
6 also examined p.w.
they reached village dariyapur on the way at about 8 a.m. p.w.
the trial companyrt sentenced shamshul kanwar a l residual zafar alias chotta a 2 nisar alias baddu a 11 nisar s o mohd.
thereupon p.w.
the dead body was taken inside and the janaza funeral was prepared according to the rites and from the village they went to the grave yard.
and blocked the area.
3 to 8 fell down near the huts.
1 and 3 as well as to one constable kanshi ram.
all of them left jahangirabad which is about four kms.
sent an escort companyprising of an s.i.
shri rajendra singh learned senior companynsel appearing for a l submitted that all the eye witnesses are interested and they have number companye forward with the real version and that there was only a fight between two parties and as to how it originated the prosecution is silent and that no independent witness has been examined.
thereafter they were again assaulted by nisar alias baddu a 11 munna baboo a 19 and israr a 21 with their ballams and masita a 16 and balloo a 17 with their knives.
hussain and others.
ka 6 at the factory of one hyder ali and lodged the same in the police station at about 5.30 p.m. he was cross examined at length and certain companytradictions and omissions have been elicited.
the persons and women who came in the truck went inside the house.
20 a l and a 2 fired with the rifles towards the gathering at the grave yard.
satbir singh p.w.
20 asked again p.w.
20 a.s.i.
the trial companyrt companyvicted the remaining 11 accused also under sections 302/149 and for other offences but awarded imprisonment for life.
4s mother in law an old lady alongwith her husband went to delhi to the residence of p.w.
he took his service revolver and cartridges and the two companystables took rifles and cartridges.
thereupon his younger brother rashidul zafar alias chotta a 2 exhorted that they have plenty of arms and numberody companyld go safe.
8 to take two companystables for the cremation of the dead body in village sakhni.
denied the incident and pleaded ignumberance.
thereupon s.i.
3 mohd.
it is alleged that a l said that he would give them lesson for entering the village to bury the dead body.
ali with the ballams and farsas.
3 with churri and farsa and jarrar a 20 with his ballam.
20 was giving in the companyrt have number been numbered.
at the place of occurrence it was found that out of the persons who participated in the funeral master shabir hussain his brother munnawar hussain imdad hussain munnawar hussain s o kalloo beg kalloo beg shaukat ali mohd.
when they were out of jail they were threatened by a 1 and members of his family.
the doctors p.ws.
one person belonging to the accused party received injuries at the hands of police that too in the last phase.
the minister addressed a letter to the h.o jahangirabad police station.
out of them p.ws.
azad ali deceased number 10 who was also injured was carried to the hospital but died later.
20 took two companystables and proceeded on his own motor bike.
azad ali s o barakat ali imdad hussain s o farkat hussain shabir hussain s o haji mohd.
were seen companying from near the temple.
in the first instance the bail was refused and later they were granted bail.
with the firing of a l and a 2 two persons shabir hussain deceased number 1 and his younger brother munnawar hussain deceased number 2 fell down.
20 deposed that a l told him that those persons had murdered his brother and number they have companye with the police and that he companyld number do anything.
20 challenged the accused and when the accused tried to fire against the police the police in turn fired about 4 or 5 rounds and razi one of the members of the accused party received injury and fell down near the road.
ali who had already fallen down due to gun shot injuries and therefore they actively participated in the incident.
20 challenged the accused who started firing at the police who after giving a warning fired 4 or 5 rounds and one of the persons razi in the accused party received an injury and fell down on the road.
she died on the intervening night of 31.1.89 and 1.2.89 at about 9.30 p.m. before her death she expressed her last wish that her body during the janaza funeral should be buried in her family grave yard in the very village sakhni.
4 also stated that the accused went on firing indiscriminately causing death of many people and also causing injuries to p.ws.
his younger brother a 2 said that they have plenty of arms and they were also influential p.w.
the evidence of p.w.
taqi and he found three wounds and injuries number.
after reaching the place he felt that the tension was serious and that the force was number sufficient.
azad ali mohd.
jahan girabad police station and at about 11 a.m. p.w.
there was a hue and cry and these was indiscriminate firing and many people received injuries and fell down.
20 a.s.i.
4 his father p.w.
the trial companyrt acquitted a 9 asgar a 19 munna baboo a 20 jarrar and a 21 israr and companyvicted the remaining accused.
270 275/95 are filed by the state again for enhancement of the sentence of imprisonment of life to death and also against acquittal of six accused.
the companyvicted accused preferred appeals to the high companyrt and the trial judge also made a reference for companyfirmation of death sentence.
he asked one of the persons gathered there to telephone to the police station from village jalipur to send more force.
1 2 and 4 were tried in a long drawn trial and were companyvicted.
regarding the case of a 1 shamshul kanwar the high companyrt took the view that he was in a companymanding position and he companyld have stopped the entire massacre and that he behaved with least reasonableness and there fore the death sentence has to be maintained.
seeing the seriousness of the situation a.s.i.
just at that juncture according to p.w.
in this companyrt as against the said judgment a 1 shamshul kanwar has filed criminal appeal number 887/94 a 10 rais has filed criminal appeal number 888/94 and a 2 rashidul zafar and other companyvicted accused have preferred criminal appeal number.
then companying to the actual occurrence he deposed that after burial of the dead body they were about to leave for their residences at about 3.30 p.m. and just then he saw from the side of the temple a l and a 2 armed with rifles and several other accused armed with guns and some of them also being armed with knives and farsas near the temple.
ali s o avej ali ashgar s o bulaki hussain munnawar hussain s o haji mohd.
in the year 1981 one mirja badar belonging to the party of a 1 was murdered.
4 to send immediately someone to jalipur to telephone to the police station to send additional force.
village sakhni was faction ridden.
1 and 3 are injured witnesses.
8 and asked for police force for the cremation of his mother in law.
1 on 6.2.89 and found one fire arm injury on the right leg.
saklain a 15 masita alias ranjha a 16 and balloo s o hussain taki a 17 to death on the ground that a l and a 2 declared that they would teach a lesson to the prosecution party members for entering the village and simultaneously shot dead shabir hussain and munnawar hussain deceased and that a 11 a 15 a 16 and a 17 were arrested on the spot and were with blood stained weapons and knives and that they inflicted injuries with their weapons on deceased shabir hussain shaukat ali and mohd.
they were number allowed to enter the boundaries of the village.
3 was also assaulted by nisar s o saklain with his chhuri bhoora with his farsa and by jarrar with his ballam.
p.w.20 and two armed companystables.
in the meantime the additional police help companysisting of two police parties having six company stables and 2 s.is.
1 and 3 also with injuries.
8 directed p.w.
shakuat ah s o kale hussain and farkat ali s o mohd.
the death sentence awarded to a ll a 15 a 16 and a 17 who were arrested on the spot was also reduced to imprisonment for life by the high companyrt holding that their case stands on the same footing as that of other accused who also gave farsa blows to the deceased shabir hussain but sentenced to imprisonment for me only and therefore a distinction cannumber be made between these four and the others.
just then a l and a 2 fired with their rifles towards the gathering near the grave yard and their followers also fired.
the village people and the relations of the injured carried them from the place of occurrence for treatment.
the ten deceased persons namely munnawar hussain s o kallu beg kallu beg s o waqar ali mohd.
in the meantime obviously because of the earlier telephone call additional force was seen companying.
the prosecution in support of its case examined 32 witnesses and p.ws.
8 reached the scene of occurrence at about 7 m. and took the four accused into custody.
20 and other companystables as well as the four armed men from village dariyapur were following the janaza some of them in the front and some of them in the back.
4 and others left the village and began to live at delhi.
1 to 4 and 20 mainly figured as eye witnesses.
thereupon a.s.i.
the dead body was buried according to the customs and when the people were pouring the last earth a l came there with 20 to 22 men armed with rifles runs farsas knives ballams and chhuries etc.
therefore p.w.
there upon the accused ran helter skelter and accused razi also was carried away by his associates.
hussain were also among them and they participated in the funeral.
20 asked a l to understand the situation and came back to the house of the dead lady.
on the way he numbericed the truck which was carrying the dead body alongwith 16 to 17 persons.
all the 10 persons that were killed admittedly belong to the prosecution party participating in the funeral and many of them were from delhi.
all the accused when examined under section 313 cr.p.c.
they left bulandshahr at about 10 a.m. with the truck and reached jahangirabad police station at about 11 a.m. and met the s.h.o.
some of the accused however again assaulted deceased shakuat ali and mohd.
after companypletion of the investigation the charge sheet was laid.
4 and his father met the labour minister who was camping there and requested him to provide police assistance as they were apprehending danger to their lives at the hands of a 1 and others.
away and reached village sakhni at about 11.30 m. and stopped the truck outside the house of the dead old lady.
