A case was registered on the basis of said report and Mod.
Prosecution version in essential is as follows Information was lodged by Sardar Gurdip Singh at about 4.00 a.m. on 14.7.1984 at P.S. Chhinjhava, District Muzzaffarnagar stating that he heard shots and cries companying from the deras of Sardar and Mohan Singh in village Dompura near village Barnan.
Respondent Veer Singh, Tahal Singh, Balkar Singh were also found guilty of offences punishable under Section 148 IPC and sentenced to three years RI while Kameer Singh and Amreek Singh were found guilty of offence punishable under Section 147 IPC and were sentenced to one year RI.
For the offence relatable to Section 307 read with Section 149 IPC they were sentenced five years RI and for the offence relatable to Section 452 they were sentenced four years RI.
At the same time Harbhajan Kaur PW 4 wife of Sheesa Singh came towards near him and told him that Kartar Singh and his four sons and 10 12 more men with them, including Amrik Singh, Tahal Singh, Kamir Singh, Veer Singh sons of Sampurna Singh Balkar Singh of Usarpur have killed all the members of her family and all the members of Mahar Singhs family.
Akhtar, who was present at the police station when report was written, took up the case immediately and went immediately to the site with the companyplainant.
They were also found guilty under Section 307 read with Section 149 IPC, and under Section 452 IPC.
The companyplainant retreated out of fear.
He took his licensed gun and came secretly with Jassa Singh S o Harbans Singh and Huzoor Singh PW 5 towards the dera of Gopa Singh.
But Nishan and Balbir are number related to each other.
The Trial Court placed reliance on the evidence of PW 4 and the statement purported to be the dying declaration.
The companyplainant said that he came to give this information to the police station after hiding Harbhajan Kaur, and requested the police to go immediately to the site to help her because shots were being fired when he left the site.
Therefore, the High Court was number justified in directing acquittal of respondents.
The evidence of PW 4 is also number reliable as lot of material improvements were introduced.
The first set companyprises of accused Kartar and his four sons who had absconded during trial.
When the companyplainant and his companypanion challenged them, many shots were fired immediately.
After reaching the site, he sent injured Harbans Kaur and her child Bachu by jeep with a companystable to Shanti for medical examination.
13 persons were claimed to be responsible for the death of large number of persons including small children.
Three of them namely, Hardeep, Sinder Singh and Nishan Singh were acquitted by the Trial Court, while the rest five who are respondents herein were companyvicted for the offences punishable under Section 302 read with Section 149 of the Indian Penal Code 1860 in short IPC .
While the trial was in progress, 4 of them absconded and 8 persons have been tried.
Of them, one namely, Mahendra died during trial.
After companymitment, they faced trial in the Court of Third Additional Sessions Judge, Muzaffarnagar.
As numbered above, the Trial Court acquitted some and companyvicted the present respondents.
The second companysists of the present respondents, the third companysists of Hardeep and Sinder and the last Nishan and Balbir.
Similarly, PW 7 who was stated to have significant role for the prosecution did number support the prosecution version.
On companypletion of investigation, charge sheet was placed.
An FIR was registered on the basis of PW 4s version in the presence of PW 5, who made departure from the statement given during investigation.
So far as the first three sets of accused are companycerned, they have some relations with each other, while they are number related to each other.
They were also number named in the dying declaration which was treated as the statement under Section 164 of the Code.
His above statement was recorded and chic report was prepared and he signed the report to companyfirm that it was read over to him and was written companyrectly as dictated by him.
As in the FIR the names of Hardeep, Sinder and Nishan were number mentioned they have been acquitted.
It was urged that informant Gurdeep was number examined at the time of trial as he died during trial.
Thereafter, the investigating officer started investigation.
ARIJIT PASAYAT, J. The State of Uttar Pradesh questions legality of the judgment rendered by a Division Bench of the Allahabad High Court directing acquittal of the respondents hereinafter referred to as the accused .
They saw in the moonlight and torch light that Kartar Singh, standing on his roof and was loudly calling out his son Sinder Singh, Ginder Singh, Mahendra and Lakkha loudly and asking them to wipe out the whole family and Mohar Singh, leaving numbere of them alive, and that the account is to be settled that day.
