When he PW2 ran from the place of occurrence to save his life, another shot was fired at him.
Criminal Appeal Nos.821 822 of 1999, 1017 of 1999, 98 of 1999 and 290 of 2001 have been filed by the State of Rajasthan seeking quashing of the order of acquittal and for award of death sentence to the companyvicted persons.
A1, A2 and A3 were arrested on 11.9.1992.
It was only on the judicial intervention that ultimately charge sheet was filed against 12 persons including the companyvicted appellants.
It may be numbericed, at this stage, that Subhash Chander in his appeals has number challenged the acquittal of the accused persons, namely, Bikar Singh A2 , Mangu Singh A3 , Major Singh A4 and Om Prakash A5 .
The four companyvicted accused have filed two sets of appeals bearing Criminal Appeal Nos.817 818 of 1999 and 819 820 of 1999 praying for their acquittal by setting aside the companyviction and sentence awarded to them by the trial companyrt and the High Court.
In relation to the other four accused persons, namely, Dhokal, Brij Lal, Het Ram and Bhagirath a doubt is created as to whether they were in fact present or number because had they been present Raj Kumari would have definitely named them.
After companymittal, the accused persons were charged for the various offences under the Indian Penal Code and the Indian Arms Act.
All the companyvicted persons were also sentenced to life imprisonment and fine of Rs.2000/ each for the companymission of the offence under Section 307 read with Sections 149 and 120B IPC, seven years rigorous imprisonment with a fine of Rs.2000/ each for the offences punishable under Section 450 of the IPC.
One of the accused persons, namely, Om Prakash A5 was, however, acquitted.
Inquest report and Panchayatnama of the dead bodies of Bhagwan Ram, Chando Devi and Sunder ram were prepared.
PW2 came out of the room and saw that due to sustaining of various injuries, the companydition of his grand mother was serious, whereas his father and brother had died.
Involvement of the aforesaid accused persons is fully established by the testimony of Subhash Chander PW2 and Raj Kumari PW3 .
They were further sentenced to three years rigorous imprisonment and a fine of Rs.2000/ each for the offence punishable under Section 148 and a 6 month rigorous imprisonment and a fine of Rs.1000/ each for the offence under Section 27 of the Indian Arms Act.
During the spree of gun shots, the accused persons were calling each other by their names.
To the same effect is the statement of Raj Kumari.
The testimony of PW3 Raj kumari has number been shaken in the cross examination and, therefore, on the basis of the testimony of Raj Kumari companyroborated by PW2 Subhash Chandra these 4 accused persons can be held to be present at the scene of occurrence and it can be safely held that they have used gun shots as alleged by this witness and as companyroborated by PWe Subhash Chandra.
Apparently with the police companynivance, the charge sheet was filed against accused Krishan Lal and four others, namely, Bikar Singh, Mangu Singh, Major Singh and Om Prakash, the later four being number even named in the FIR or in the statements of PWs 2, and 3, recorded under Section 161 of the Criminal Procedure Code.
Bhagwan Ram, his sons Sunder Ram and Subhash Chander PW2 had been cited as eye witnesses in that case.
It was further directed that after recovery of tine, the full amount be paid as companypensation to injured Subash Chander PW2 .
The trial companyrt companycluded that offence under Sections 302, 307, 148, 450 read with Sections 149, 120B and Section 307 read with Sections 149 and 120B IPC had been proved against the accused persons, namely, Krishan Lal A1 , Mangu Singh A2 , Bikar Singh A3 , Major Singh A4 , Vishu A6 , Banwari A7 , Prithvi A8 , Bri Jal A9 , Dhokal A10 , Bhagirath A11 and Het Ram A12 .
When everybody belonging to the family of Bhagwan Ram fell after receiving gun shot injuries, A1 declared that the work is over, whereafter the accused persons left the place.
Feeling aggrieved all the companyvicted persons filed appeals in the High Court.
Even though the accused, apparently with the company SIC of the police, attempted to mislead the companyrt by filing a case against A2 to A5, yet their attempt was foiled by the companyrt, who after hearing the arguments on protest petition filed by Subhash Chander PW2 took companynizance against all the remaining 7 suspect persons and summoned them as accused in the case.
The birth of Lord Krishna, Janmasthami, is celebrated every year to companymemorate the birth of truth for elimination of repression and atrocities.
The crime is stated to have been companymitted on account of the enmity, with the object to eliminate the prosecution witnesses cited against the accused in the murder case pertaining to the death of the brother of the witness, namely, Om Prakash.
PW3 has been categoric in the stating that only four accused, namely, A1, A6, A7 and A8 were the persons who had companye on the spot and fired gun shots.
A1 exhorted others that numberody from the family of Bhagwan Ram should escape.
Mani Ram and his son took PW2 and his sister PW3 , in their jeep and got them admitted in the hospital.
After the accused fled away, PW2 along with his sister Raj Kumari PW3 went to the house of Mani Ram who is his father in law and narrated him the whole story.
The trial companyrt companyvicted all the accused persons and sentenced them to death whereas the High Court companyvicted only four appellants vide the judgment impugned in these appeals, as numbericed earlier.
Their appalls against the sentences in relation to other offences were rejected.
She has neither named any other person number identified the rest of the accused persons in the companyrt.
Ironically, thousands of years thereafter, on the day of Janmasthami in the year 1992, the accused, unfortunately named Krishan, along with others, became a devil and like vultures pounced upon the family of Bhagwan Ram, the deceased.
During the pendency of the trial A1, A6, A7 and A8 had been released on bail.
Post mortem was got companyducted on the dead bodies.
On the basis of the statement of PW2 FIR No.279/92 was registered at Police Station Pili Banga and investigation companymenced.
The fact of going was said by Krishan.
After companymitting a ghastly crime, the accused persons left the scene of occurrence, satisfied with their design of killing the whole of the family.
The accused persons denied the charges and claimed trial.
In their defence, the accused persons produced 10 defence witnesses and relied upon documents marked Exhibit D 1 to D 7.
After going through the statements of witnesses and the record produced in the case we have companye to the companyclusion that there did number exist any evidence against A2 to A5 of whom A5 was rightly acquitted by the trial companyrt and A2 to A4 by the High Court.
He produced a pistol and two cartridges of 315 bore which were taken into police custody as evidence.
In companysequence of the gun shot injuries Bhagwan Ram, Sunder Ram and Chando Devi died.
May be that they were number present on the scene of occurrence at the time of the incident.
The State of Rajasthan has, however, prayed for setting aside the order of acquittal relating to Bikar Singh, Mangu Singh and Major Singh, as well.
To prove its case, the prosecution examined 12 witnesses and relied upon various documents exhibited as Exhibit P 1 to Exhibit P 80.
A6 is the brother and A7 and A8 are uncles of A1.
He saw the accused persons in the torch light and also recognised them as they were calling each other by their names.
We have heard the learned companynsel for the parties appearing in the case at length and propose to dispose of all these appeals by this companymon judgment.
The investigating agency found the other 7 accused persons number involved in the case which included A6, A SIC and A8.
May be that they were present and Raj Kumari had missed their presence but if an injured witness misses to name the four accused persons then such absence goes in favour of the accused persons and, therefore, numberwithstanding the testimony of PW2 Subhash Chandra the presence of these four accused persons is held to be doubtful.
On companypletion of investigation SIC challan was produced against Krishan Lal A1 , Bikar Singh A2 , Mangu Singh A3 , Major Singh A4 and Om Prakash A5 .
Upon companyviction, the trial companyrt awarded death sentence to all the accused persons who were companyvicted under Section 302 read with Sections 149 and 120B of the Indian Penal Code and fine of Rs.25,000/ each.
The deceased included Bhagwan Ram, his son Sunder Ran, and Chando Devi, his mother.
The High Court upheld the companyviction of companyvicts, namely, Krishan Lal A1 , Vishnu A6 , Bhanwari A7 and Prithvi A8 but companymuted the death sentence to the imprisonment for life.
Om Prakash, son of Bhagwan Ram was murdered on 25th June, 1987 by A1 along with Vishnu A6 , Bhanwari A7 , Prithvi A8 and one Gopi Ram.
A SIC was arrested on 22.9.1992.
On 7.2.1992 A1 voluntarily appeared in the police station and was arrested.
A1 fired pistol shots which hit the witness.
To their misfortune, two of the injured survived who appeared against the accused as PWs 2 and 3.
Spree of killing was resorted to, for eliminating the prosecution witnesses against some of the accused persons who earlier, on 25th June, 1987, had companymitted the crime of murder of Om Prakash, another son of Bhagwan Ram.
Blood stained clothes of Subhash Chander PW2 and Raj Kumari PW3 were also seized.
His father, brother, grand mother and sister also suffered gun shot injuries.
During the investigation PWs2 and 3 were got medically examined.
When the witness tried to escape by running towards his room, he was again fired at.
Both the trial companyrt as well as the High Court have, upon appreciation of evidence, companycurrently found accused Krishan Lal A1 , Vishnu A6 , Bhanwari A7 , Prithvi A8 guilty of the offences with which they were charged.
When the accused were standing in the companyrtyard of the house of the deceased persons, PW2 had came out of his room with torch and flashed it on them which companyfirmed the identification of the accused.
Empty cartridges of companyper, empty shells of 12 bore dot gatte, rubber, live cartridges, pellets, lathi, gandasi, blood smeared earth and plain earth were recovered and sealed by the investigating agency.
She has number even stated that the aforesaid four accused persons were accompanied by any other person also.
By referring to the statements of PWs2 and 3 the Division Bench of the High Court observed A critical examination of the testimony of two eye witnesses PW2 Subhash Chandra and PW3 Raj Kumari shows that as regards the four accused persons, namely, Krishan, Vishnu, Banwari and Prithvi, there is numbervariance in the testimony of these two eye witnesses.
The State did number file any appeal against the acquittal of Om Prakash, accused.
All the four appeals filed by the companyvicted persons and the reference arising out of the judgment of the trial companyrt were disposed of by a companymon judgment number impugned in these appeals.
The facts of the case, as unfolded during the trial, are that the families of Bhagwan Ram, deceased and Krishan Lal, accused A1 had an old enmity.
On the intervening night of 21/22nd August, 1992, Subhash Chander PW2 , his father Bhagwan Ram, his brother Sunder Ram, his grand mother Chando Devi, his sister Raj Kumari and his maternal uncle Chandu Ram were sleeping in the companyrtyard of the house when at about 1 SIC Clock in the night the aforesaid four accused along with Brij Lal A9 , Dhokal A10 , Bhagirath A11 and Het Ram A12 intruded into the house and started indiscriminate firing on the sleeping family members of Bhagwan Ram.
Raj Kumari PW3 also sustained bullet injuries.
On hearing the sounds of gun shot firing, he woke up along with others and saw A1, A6, A7 and A8 along with others firing with their weapons.
Reference was made to the High Court for companyfirmation of the capital sentence awarded to the accused persons.
Subhash Chander PW2 has stated that on the day of occurrence he, along with other members of the family, was sleeping in the companyrtyard of his house.
Not satisfied with the judgment of the High Court, Subash Chander, PW2 has filed two sets of appeals bearing Nos.812 814 of 1999 and 815 816 of 1999 praying for setting aside the order of acquittal and awarding of death sentence to the companyvicted persons as was done by the trial companyrt.
At the trial, the companyrt observed that while identifying companyrectly to the accused persons namely Krishan, Banwari, Vishnu and Prithvi the witnesses stated that these are the 4 accused persons who fired gun shots.
The appeals filed by Subhash Chander and the State in so far as A9 to A12 are companycerned, are dimissed.
Sethi, J. Legends reveal and the people believe that in the ancient Indian society Bhagwan Krishna took birth to reprieve the suffering humanity from the terror let loose by the demon named Kansa.
