2009 Supreme(All) 431

HIGH COURT OF ALLAHABAD
Shiv Charan Sharma, V.K.Verma
MIJAJI LAL
Versus
STATE OF U P
Decided On : 06 February 2009
Criminal Appeal No. 890 of 1999

The participation of Raghubir Singh and Prem Chand appears highly doubtful. Hence they are entitled to the benefit of doubt and their appeal de serves to be allowed.

Headnote:

SHIV CHARAN, J. Under challenge in the above mentioned connected appeals is the judgment and order dated 27. 3. 1999 passed by Special Judge (SC/st Act) Farrukhabad in S. T. No. 37 of 1996 State v. Mijaji Lal and others. By the impugned judgment and order, the learned Sessions Judge convicted the appellants Mijaji Lal, Gorej Lal, Ramjeet, Raghubeer, Prem Chandra and Kukkoo Mahajan for the of fence under sections 147, 148, 323/149, 324/149 and 302 IPC and sentenced them to life imprisonment for the offence under section 302 IPC and also sentenced them for the offences under sections 147, 148, 323/149 and 324/149 IPC for various terms of sentence. The appellants Prem Chandra, Raghubeer and Kukkoo have separately been convicted under section 3 (2) (5) SC/st (Prevention of Atrocities) Act (in short, "the SC/st Act") simplicitor and sen tenced them to life imprisonment. Learned Sessions Judge also awarded fine with de fault stipulation.

Fact of the Case:

Ram Swaroop Jatav, real brother of the deceased Shri Krishna, delivered the writ ten report Ext. Ka-1 at the police station Indergarh on 18. 6. 1996 at about 9:05 a. m. with the allegations that his brother Shri Kirshna and Mijaji Lal, Gore Lal and Ram Jeet Jatav residents of the same village were on cordial relation and had been living in the village. About two years earlier Ram Bux Jatav, brother of Mijaji Lal, disap peared from the village. He was a man of criminal antecedent. No trace was received of Ram Bux since then. Mijaji Lal and his brothers were suspicious and apprehensive that his brother has been murdered by Shri Krishna somewhere else and his dead body has also been disposed of. Due to this rea son, Mijaji Lal and his brothers were hav ing enmity with Shri Krishna and his fam ily members. It is also alleged that in the intervening night of 17/18. 6. 1996, when the complainant and his brother Shri Krishna along with his family members were lying on the roof of the house and were talking, at about 1. 30 a. m. Mijaji Lal, Gorej Lal and Ram Jeet along with their companions Raghubir Singh Thakur, Kukku Mahajan and Prem Chand residents of Village Hazipur ascended on the roof duly armed with gun, country made pistol, Kulhari, Takora and Gandasa (sharp edged weap ons ). After emerging on the spot i. e. the roof, Mijaji Lal exhorted and instigated other accused persons to kill Shri Krishna and his other family members saying that he is the murderer of his brother Ram Bux and revenge has to be taken today. After exhortation Mijaji Lal opened fire by his gun on Shri Krishna and his other compan ions also started inflicting injuries to Shri Krishna for fulfilment of their common ob ject. Smt. Janak Dulari, wife of the deceased Shri Krishna, Jabar Singh (son), Narma Devi sister of the deceased and Km. Guddi daughter of Narma Devi rushed for rescue of Shri Krishna. All the accused persons inflicted and caused injuries to these per sons by firearm and other weapons. Neck and both the arms of Shri Krishna were severed by the accused persons by their weapons. Leaving the dead body of Shri Krishna on the roof of the house, the in jured persons were brought at the police station.

Finding of the Court:

From perusal of the prosecution evidence it is evident that the present case is based on direct evidence. Incident took place on 18. 6. 1996 at about 1. 30 a. m on the roof of the house of the deceased Shri Krishna. Ram Swaroop P. W. I is the brother of the deceased. He stated that all the ac cused persons were previously known to him. Mijaji Lal, Gorey Lal and Ram Jeet were real brothers and rest of the accused persons, namely, Sri Kukku, Prem Chand and Raghubir Singh Thakur were known to the accused Mijaji Lal and others and they are the resident of different village. Ram Bux was the brother of Mijaji Lal and he was a man of criminal antecedent. He disappeared about two years earlier. The ac cused persons were apprehensive that Shri Krishna is master mind for disappearance of Ram Bux. It is further stated by P. W. 1 that in the night of the incident he was sleeping on the roof of his house all alone and on other roof Shri Krishna, his wife Janak Dulari, son Jabar Singh and sister Narma Devi were lying. Three small kids were also lying there. Guddi daughter of Narma Devi was also sleeping on the same roof. There was a gap of 2-3 feet in between the both roofs. The occupant of another roof stated that they are awaking and he may sleep. At about 1. 30 a. m. on the roof of his brother Shri Krishna, the accused Mijaji Lal and others ascended, on which he also awoke. Mijaji Lal was saying to Shri Krishna that he is the murderer of his brother and exhorted other accused to shoot him. On it, Mijaji Lal and other ac cused persons opened fire on Shri Krishna. Mijaji Lal was holding gun at the time of the incident. Other accused persons were holding country made pistol and Takora, Kulhari and Gandasa (sharp edged weap ons ). These accused persons also severed the neck and arms of Shri Krishna by Gandasa and Takora besides causing injuries by fire arm. When Narma Devi, Janak Du-lari and Jabar Singh rushed for the rescue of Shri Krishna, they were also beaten and caused injuries. Janak Dulari and Jabar Singh sustained fire arm injuries. Narma Devi sustained injuries by blunt object on the arm. P. W. 1 has further stated that at the time of the incident he was possessing a torch and he flashed the torch at the time of the incident and he saw the entire incident in the light of the torch. In cross-examination he also supported the prose cution story. The witness was also cross-examined on the point of criminal antece dent of the deceased. This witness has admitted in cross-examination that Mijaji Lal, Gorey Lal and Ram Jeet were resident of the same village while other accused persons are the resident of the different village. He has no enmity with them from earlier. There had been no conversation with other accused persons prior to the in cident. He heard about 7-8 shots on the spot. He also raised alarm. No fire was opened towards him and he did not rush for the rescue of his brother. He denied the suggestion of the accused persons that no incident was seen by him and he came next day in the morning after getting informa tion. He has also denied the suggestion that Shri Krishna deceased was a man of criminal antecedent and he was murdered by unknown miscreants at unknown time.

Issues: None

Ratio Decidendi: The prosecution has proved the guilt of the ac cused appellants Mijaji Lal. Gorey Lal and Ramjeet Jatav beyond reasonable doubt. They belonged to same village of the deceased. Motive was available to these ap pellants to commit the murder of Shri Krishna and manner in which the murder of Shri Krishna has been committed establishes that murder was committed to take revenge. It is an established fact that brother of the appellant Mijaji Lal disap peared from the village about two years earlier and Mijaji Lal and his brothers were suspicious that Shri Krishna is involved in disappearance of their brother Ram Bux. They were also apprehensive that Ram Bux was murdered by Shri Krishna and dead body was disposed of. For the sake of re venge of suspected murder of his brother, Mijaji Lal and his two brothers named above committed the murder of Shri Krishna in a very cruel and brutal manner. The accused persons were not satisfied merely by causing the death of Shri Krishna by inflicting fire arm injuries or by sharp edged weapons. Besides causing fire arm injuries, these accused appellants chopped off the head of Shri Krishna from the trunk and also severed both the arms of the deceased in order to show their anger. The murder was very brutal and it was expected that such a murder may be committed only by a person who want to take revenge. Prosecution has also proved source of light on the spot. Reliable and natural witnesses have been produced by the prosecution and there is no reason to disbelieve the participation of the accused Mijaji Lal, Gorej Lal and Ramjeet Jatav.

Final Decision: Criminal Appeal No. 890 of 1999 filed on behalf of Mijaji Lal and others de serves to be dismissed, whereas criminal appeal No. 850 of 1999 filed on behalf of Raghubir Singh Thakur and others de serves to be allowed.