654 of 1974 before the Lucknow Bench of the Allahabad High Court.
The High Court also set aside the acquittal of the second, third and fourth appellants A4, 7 and 8 in part, companyvicted them under section 201, IPC and sentenced them to a term of seven years rigorous imprisonment under that section.
The acquittal of the appellants under the remaining charges were companyfirmed.
They had stated in their evidence that they were inside the school premises and that around 10.30 A. M. they heard gun shots near the school.
The investigating officer had made certain recoveries from the scene of occurrence along with bullock cart and the two bullocks in which the deceased and his party had companye to the sense.
On the 14th of May, 1972 in Village Mudia he interrogated Ram Autar PW3 , Ram Sewak PW2 , Gaua Din PW6 and others submitted the charge sheet on 4th December, 1972.
At that time Gajenddra Singh, deceased intervened and challengingly told the first accused that he should ask him.
Rama Nand Tewari PW17 took up the investigation reached the scene of occurrence at 5.30 P.M. and seized some blood stained earth at a point market A in the plan and also some ashes, besides 55 pellets wads, teeth and some buttons on the spot under Mahazars which were attested by Rajendra Prasad PW4 and Durga Prasad PW5 and another.
Bhupendra Singh, the first accused was also a candidate for the office of Pradhan of Gaon Sabha.
The prosecution case further was the six other accused had also guns and they also fired at the deceased.
The prosecution case was that the deceased and Ram Sewak PW2 who are residents of village Bibiapur alongwith Tarun Kumar PW1 son of the deceased, Ram Avtar Yadav PW3 and their party people came to the village Padarial Tula in a bullock cart on 25.4.1972 for the purpose of filing the numberination papers of Ram Sewak PW2 for the election of Pradhan of Gaon Sabha.
The four appellants have filed the above criminal appeal against this companyviction and sentence of the High Court.
The first accused then fired a shot with his rifle at the deceased and on receiving the bullet injury the deceased fell on the ground.
All the accused got into the trolley and shouting loudly that they are going to burn the body and throw its remains in the water drove the tractor towards the numberth.
He seized burnt earth, ashes and burnt pieces of bones under recovery memo in the presence of Rajendra Prasad PW4 and Durga Prasad PW5 .
They left the bullock cart and the bullocks in a nearby place to the west of the eastern pathway about 50 paces away from the school where the numberination papers had to be filed.
On seeing the party of the deceased arrive Bhupendra Singh enquired Ram Sewak PW2 , whether he had companye to file numberination paper against him.
they reached around 10.30 A.M. the Mela Maidan near the companypound of school cum temple in village Padaria Tula.
He was assisted by the Gram Sewak Verma CW1 and Rajendra Prakash PW14 among others.
PWs 1 to 6 are stated to be eye witnesses to this part of the occurrence.
The High companyrt also acquitted the other 15 appellants of all the charges.
From the Judgement and Order Dated 18.7.1979 of the Allahabad High Court Crl.
Thereafter the accused dragged the deceased to a small mound on the west of the scene of occurence and then loaded the dead body on the trolley of a tractor belonging to the first accused, which had been used by the accused to reach at the scene and which driven by the first accused and the deceased was taken away.
Vijay Bahuguna, Prashant Chaudhary and D. Bhandari NP for the Respondent.
CRIMINAL APPELLATE JURISDICTION Criminal appeal No.
R. Lalit, Sobhag Mal Jain, Sudhanshu Atreya, Ms. P. Jain and S.K. Jain for the Appellants.
PWs 7,8,9 and 10 are stated to have seen the first accused driving the tractor to which the trolley was attached and the three other appellants and 15 or 16 more people sitting on the tractor and going towards a revolt shouting that they are taking the body of Gajendra Singh and that the will be burnt and thrown into the river.
On the 27th of the April, 1972 he interrogated Asharfi PW7 , Chhotanney PW8 , Reoti Prasad PW9 and Lalji PW10 and accompanied by them he reached the jungle at the outskirts of village Daulatpur where he found burnt leaves near a Shisham tree.
The first Additional District and Sessions Judge, Kheri in Sessions Trial No.
The other accused who were armed with lathis and ballams, physically assaulted the deceased.
He had also companye for filing the numberination along with the other accused who were his supporters.
512 of 1979.
264 of 1973 acquitted all the accused persons of all the charges on the ground that there are many infirmities rendering the prosecution evidence unworthy of belief.
564 of 1974.
The State of Uttar Pradesh preferred Criminal Appeal No.
The charges were that they were members of an unlawful assembly, in prosecution of the companymon object of namely to deter Ram Sewak PW2 , from filing the numberination paper for the post of Pradhan Gaon Sabha Tikhra and to companymit the murder of his associates including one Gajendra Singh Yadav deceased , a resident of village Bibiapur and in furtherance of that companymon object did companymit the murder of the said Gajendra Singh Yadav and live cartrides belonging to the deceased.
The Judgement of the Court was delivered by RAMASWAMI, J. The four appellants along with 15 others were charged for offences punishable under Section 302 read with section 149 and also section 201 read with section 149 and section 147 and 148 of the Indian Penal Code.
They were also charged that in furtherance of the said companymon objects and knowing that the murder of the said Gajendra Singh was punishable with death or imprisonment for life and caused the evidence of the said offence to disappear by scraping the blood stained earth at the scene of occurrence and burning it and taking away the dead body of Gajendra Singh and thereafter burning it with the intention of screening of evidence.
PW2 Ram Sewak as also the first appellant Bhupendra Singh had companye there to file their numberination papers along with other party people.
This resulted in verbal altercation between the first accused and the deceased.
