IMPORTANT POINT
The Apex court would be justified in interfering with the judgment of acquittal of the High Court only when there are very substantial and compelling reasons to discard the High Court decision.

Headnote:Indian Penal Code,1860 – Section 302 read with 149,201 – Prosecution of 18 accused persons belonging to Thakur caste for literally butchering seven totally innocent persons belonging to the Harijan caste and for wiping out the entire evidence of their atrocities, as after shooting they were thrown in the river Ganges where currents were very strong –Trial Court convicted accused persons and sentenced them to life imprisonment – Appeal – Allowed by High Court acquitting accused persons – Appeal – The accused persons and their companions committed multiple murders of the seven innocent persons of Harijan caste in cold blood – It was a ghastly crime committed by them which can shock the conscience of any person of a civilized society – Trial court observed that it might be a case of a caste war in which the accused and their companions wanted to teach a lesson to the persons of the lower caste – Trial court found that prosecution had succeeded in establishing the charge of abduction of victims with the intention of committing their murder – The trial court further observed that the accused persons were further liable to be held guilty of the charge punishable under section 201 IPC for destroying the evidence of murder by throwing the dead bodies of the said victims in the river Ganges, except J who at that time had not died but was seriously wounded and later on succumbed to her injuries – P.W.14 was the eye-witness to occurrence and the only surviving persons out of 8 persons who were abducted from village Lohari – Trial court observed that there was absolutely no material elicited by defence in his cross –examination which may render his statement unbelievable – P.W.14 clearly stated that he had no animus against the accused persons and he could notsay as to why the accused persons committed dacoities and abducted and killed the persons named in occurrence – The trial court convicted 18 accused persons named by P.W.14 in his testimony and sentenced them to life imprisonment – The appeal before the High Court was in the nature of first appeal and the High Court in a case of this nature was expected to carefully analyze the entire evidence and documents on record but unfortunately High Court without analyzing the entire evidence set aside the judgment of trial court –Instantly findings of the High Court were palpably erroneous and unsustainable – On proper scrutiny of the entire evidence and documents on record, no other view was possible except the guilt of some of the accused – High Court without analyzing the evidence and assigning any cogent reason set aside the well reasoned judgment of Additional Sessions Judge and acquitted all the respondents – Acquittal of six accused persons recorded by High Court set aside and their conviction as recorded by the trial court restored – Appeal partly allowed. (Paras 26 to 35, 50 to 53)
       Facts of the Case :
        18 accused persons belonging to Thakur caste were prosecuted herein in the instant case for literally butchering seven totally innocent persons belonging to the Harijan caste and for wiping out the entire evidence of their atrocities, as after shooting they were thrown in the river Ganges where currents were very strong. Trial Court convicted accused persons and sentenced them to life imprisonment. Appeal thereagainst was allowed by High Court acquitting accused persons.
        2. Present appeal has been filed against impugned judgment of High Court.
       Findings of the Court :
        Trial court observed that prosecution had also succeeded in establishing beyond any shadow of reasonable doubt of the charge of dacoity punishable under section 395 IPC against the accused. The trial court further observed that the accused persons were further liable to be held guilty of the charge punishable under section 201 IPC for destroying the evidence of murder by throwing the dead bodies of the said victims in the river Ganges, except J who at that time had not died but was seriously wounded and later on succumbed to her injuries. P.W.14 was the eye-witness to occurrence and the only surviving persons out of 8 persons who were abducted from village Lohari. Trial court observed that there was absolutely no material elicited by defence in his cross-examination which may render his statement unbelievable. P.W.14 clearly stated that he had no animus against the accused persons and he could notsay as to why the accused persons committed dacoities and abducted and killed the persons named in occurrence. The trial court convicted 18 accused persons named by P.W.14 in his testimony and sentenced them to life imprisonment. The appeal before the High Court was in the nature of first appeal and the High Court in a case of this nature was expected to carefully analyze the entire evidence and documents on record but unfortunately High Court without analyzing the entire evidence set aside the judgment of trial court. Instantly findings of the High Court were palpably erroneous and unsustainable. On proper scrutiny of the entire evidence and documents on record, no other view was possible except the guilt of some of the accused. High Court without analyzing the evidence and assigning any cogent reason set aside the well reasoned judgment of Additional Sessions Judge and acquitted all the respondents. Acquittal of six accused persons recorded by High Court was set aside and their conviction as recorded by the trial court was restored. Appeal was partly allowed.

JUDGMENT

Dalveer Bhandari, J.—

1. Unfortunately, the centuries old Indian Caste System still takes its toll from time to time. This case unfolds the worst kind of atrocities committed by the so called upper- caste (Kshatriya or Thakur) against the so called lower-caste -Harijan caste in a civilized country. It is absolutely imperative to abolish the caste system as expeditiously as possible for the smooth functioning of Rule of Law and Democracy in our country.

2. In the instant case, the accused persons belonging to Thakur caste literally butchered seven totally innocent persons belonging to the Harijan caste and to wipe out the entire evidence of their atrocities, after shooting they were thrown in the river Ganges where currents were very strong. Out of seven, even the bodies of five persons could not be recovered.

3. This appeal emanates from the judgment and order dated 10.01.2001 delivered by the High Court of judicature at Allahabad in Criminal Appeal No. 1715 of 1982. By this impugned judgment, all the 18 accused who were convicted and sentenced to life imprisonment by the trial court have been subsequently acquitted by the High Court.

4. The learned Additional Sessions Judge, Fatehpur, in an elaborate, exhaustive and well considered judgment, sentenced the 18 accused persons under section 302 read with section 149 IPC for committing the murder of Jasodiya, Ganga, Tulsi, Deo Nath alias Madan, Din Dayal, Sukhlal and Shripal. Accused persons were further sentenced to undergo seven years rigorous imprisonment on each counts for committing the dacoities. The accused persons were also sentenced to undergo five years of rigorous imprisonment under section 364 IPC for abduction of Kallu, Jasodiya, Ganga, Tulsi, Deo Nath, Din Dayal, Sukhpal and Shripal. All the accused persons were also sentenced to undergo four years rigorous imprisonment under section 201 IPC for elimination of evidence of murder by throwing the dead bodies of the seven persons in the river Ganga. All the sentences awarded to the accused persons on all counts were directed to run concurrently.

5. In appeal, the High Court acquitted all the eighteen accused. The appellant, State of U.P. has preferred this appeal against the impugned judgment of the High Court acquitting all the accused persons.

6. Brief facts necessary to dispose of this appeal are recapitulated as under:-

On the intervening night of 9/10.9.1979 in the village Lohari, Police station Hussainganj, U.P. 20-22 accused persons committed dacoities in the Harijan locality by breaking open the doors of the main gate of the house of Jasodiya and Kallu P.W.14. They looted the house. Thereafter, Kallu, Jasodiya, Din Dayal, Sukhlal, Shripal, Tulsi, Ganga Ram, Deo Nath alias Madan were tied with rope and were taken to the bank of the river Ganges, pushed in the boats and brutally murdered and thereafter all of them were thrown in the river Ganges, at a point where there were strong currents. Out of seven, five dead bodies could not be retrieved. Kallu P.W.14 jumped into the stream of the river Ganges and saved his life. Jasodiya, wife of Kallu was recovered from the river Ganges in an injured and unconscious state and after she regained consciousness, she got a written report Ex. KA.1 scribed by the witness Shyam Lal P.W.4 and the report was lodged at the police station Hathgaon of the District, U.P.. The statement of Jasodiya recorded under section 161 Cr.P.C. was recorded by the Investigating Officer, the extract of which is Ex. KA.25. The dying declaration Ex. KA.6 of Jasodiya was recorded by Dr. C. M. Mittal, Medical Officer at midnight on 10.9.1979. She narrated that on the previous night i.e. 09.09.1979 at about 11 p.m. about 20-22 persons came to her house. They forced their entry inside the house by cutting open the door shutters of the house and looted the property. The accused persons caught hold of her and her husband Kallu, Tulsi, Madan, Ganga Ram, Din Dayal, Sukhlal and Shripal sons of Din

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2009 Supreme(SC) 1807

2009(8) Supreme 1SUPREME COURT OF INDIADalveer Bhandari and A.K. Patnaik, JJ.State of U.P. — AppellantversusRam Sajivan & Others — RespondentsCriminal Appeal No. 686 of 2002Decided on : 4-12-2009

IMPORTANT POINT The Apex court would be justified in interfering with the judgment of acquittal of the High Court only when there are very substantial and compelling reasons to discard the High Court decision.

Cases Referred (12)

2009(8) Supreme 1
SUPREME COURT OF INDIA
Dalveer Bhandari and A.K. Patnaik, JJ.
State of U.P. — Appellant
versus
Ram Sajivan & Others — Respondents
Criminal Appeal No. 686 of 2002
Decided on : 4-12-2009

IMPORTANT POINT
The Apex court would be justified in interfering with the judgment of acquittal of the High Court only when there are very substantial and compelling reasons to discard the High Court decision.