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2018 Supreme(All) 2441
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Bala Krishna Narayana, Arvind Kumar MishraI, JJ.
Patanjali Bhardwaj And Others - Appellants
Vs.
State of U.P. - Respondent
Capital Cases No. 4810 of 2014
Decided On : 18-12-2018
For the Appellant : Ravindra Sharma, Arvind Kumar Pandey, G.S. Chaturvedi
For the Respondent:Govt. Advocate, Amit Kumar Singh, Mukhtar Alam, N.D. Rai
Headnote:
The prosecution has succeeded in proving all the charges framed against the accused appellants beyond all reasonable doubts. The conviction of all the appellants recorded by the trial court u/s 148, 302/149, 307/149 I.P.C. and 3 (2) (v) SC & ST (PA) Act and the sentences awarded to Rahul Bhardwaj alias Monu (A3) and Varun Bhardwaj alias Cheenu (A4) are hereby affirmed.
Fact of the Case:
The incident took place on 08.01.2005 within the precincts of the Block Headquarters, Alapur. The occurrence can be divided into two parts. The first part of the occurrence comprises of the incident which had taken place when P.W.1 Madhav Ram and Pyare Lal had gone to the Block Headquarter, Alapur for obtaining Pyare Lal's backward caste certificate from the Secretary of Gram Panchayat on 08.01.2005 and were allegedly abused by Block Pramukh, Patanjali Bhardwaj (A1) by the name of their caste and who had further told them that caste certificate shall not be given to him and had thereafter, slapped P.W.1 Madhav Ram and got him thrown out of the block premises. The second part of the incident took place at about 2 p.m. when P.W.1 informant Madhav Ram came back to the block headquarter with P.W.2 Omendra Pratap Singh, his sons Pravendra Singh and Arvendra Singh and nephew Ashok in which Patanjali Bhardwaj (A1) shot dead informant's son, Arvendra, Vikas Bhardwaj, son of Patanjali Bhardwaj (A1) shot his nephew, Ashok while Monu, son of Patanjali Bhardwaj fired at P.W.2 Omendra Pratap Singh and several other persons received injuries from the gunshots fired by Vashishtha Bhardwaj (A2).
Finding of the Court:
The prosecution has succeeded in proving all the charges framed against the accused appellants beyond all reasonable doubts. The conviction of all the appellants recorded by the trial court u/s 148, 302/149, 307/149 I.P.C. and 3 (2) (v) SC & ST (PA) Act and the sentences awarded to Rahul Bhardwaj alias Monu (A3) and Varun Bhardwaj alias Cheenu (A4) are hereby affirmed.
Issues: 1. Whether the prosecution has succeeded in proving all the charges framed against the accused appellants beyond all reasonable doubts? 2. Whether the conviction of all the appellants recorded by the trial court u/s 148, 302/149, 307/149 I.P.C. and 3 (2) (v) SC & ST (PA) Act and the sentences awarded to Rahul Bhardwaj alias Monu (A3) and Varun Bhardwaj alias Cheenu (A4) are proper?
Ratio Decidendi: 1. The evidence of P.W.1 Madhav Ram and P.W.2 Omendra Pratap Singh is consistent and clinching. Their evidence is corroborated by the medical evidence on record. 2. The contradictions and improvements in the evidence of P.W.1 Madhav Ram are not so material so as to persuade the court to disbelieve his evidence. 3. The evidence of P.W.1 Madhav Ram and P.W.2 Omendra Pratap Singh cannot be discarded on the ground that they are interested witnesses. 4. The cross version of the accused appellants is not believable.
Final Decision: The appeal is partly allowed. The impugned judgment and order dated 9.12.2014 is modified to the extent that the death penalty awarded to Patanjali Bhardwaj (A1) u/s 302/149 I.P.C. is converted to imprisonment for the whole of the remaining natural life of Patanjali Bhardwaj (A1), subject however to the condition that the prisoner would be eligible to any commutation and remissions that may be granted by the Hon'ble President and the Hon'ble Governor under Articles 72 and 161 of the Constitution of India or of the State Government under Section 433A of the Code of Criminal Procedure for good and sufficient reasons. The reference no. 10 of 2012 for confirming the death sentence is rejected.
JUDGMENT :
B.K. Narayana, J.
1. Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Ravindra Sharma, learned counsel for the appellants, Sri Akhilesh Singh, learned G.A. assisted by Sri Saghir Ahmad, learned A.G.A. for the State, Sri Amit Kumar Singh and Sri N.D. Rai, learned counsel for the informant.
2. Death reference case no. 10 of 2012 has been connected with the criminal appeal which has been preferred by the appellants against the judgment and order dated 09.12.2014 passed by Additional Sessions Judge/Special Judge, SC & ST (PA) Act, Budaun in SST No. 39 of 2009, State Vs. Patanjali Bhardwaj & others, u/s 148, 302/149, 307/149 I.P.C. and 3 (2) (v) SC & ST (PA) Act, P.S. Alapur, District Budaun.
3. The factual scenario of the case as emerging out from the perusal of the facts stated in the written report of the occurrence (Ext.Ka.1) which was lodged by P.W.1 informant Madhav Ram at P.S. Alapur, District Budaun on 08.01.2005 at about 2:20 p.m. on the basis of which Case Crime No. 10 of 2005 u/s 147, 148, 149, 307 I.P.C. & 3 (2) (v) S.C. & S.T. (PA) Act was registered against the appellants as well as one Vikas Bhardwaj, who was declared absconder on 25.08.2014 and his trial namely S.S.T. No. 39A of 2009 was separated from that of other co-accused and those deposed by the two witnesses of fact, P.W.1 informant Madhav Ram and P.W.2 Omendra Pratap Singh before the trial court, is that 08.01.2005 was the date fixed for filing nominations by the candidates desirous of contesting elections for the office of Director of Cooperative Society, Block Myau. P.W.1 informant Madhav Ram along with his covillager Pyare Lal, son of Pransukh had gone to block office to file nomination of Pyare Lal but Patanjali Bhardwaj, son of Shyam Sundar, the then Block Pramukh, resident of Kasba, P.S. Alapur refused to issue nomination form to them. Therefore, he met the Secretary of his Gram Panchayat and obtained the backward caste certificate of Pyare Lal from him on which Block Pramukh started abusing him with the name of his caste and told him that no caste certificate shall be issued to him and then he slapped him and got him thrown out of the block office. P.W.1 informant Madhav Ram then went to meet S.H.O of P.S. Alapur with P.W.2 Omendra Pratap Singh and Summer Singh (Vishanpuri) at about 2 p.m. At that time, both his sons, Pravendra Singh (injured) and Arvendra Singh (deceased) and his nephew, Ashok (deceased) had also joined him. They then went to the block office together and on noticing them, Patanjali Bhardwaj shot his son Arvendra Singh. Vikas Bhardwaj, son of Patanjali Bhardwaj shot his nephew, Ashok while Monu, son of Patanjali Bhardwaj fired at P.W.2 Omendra Pratap Singh and thereafter, simultaneously Cheenu, son of Patanjali Bhardwaj and Vashistha Bhardwaj, son of Shyam Sundar also opened fire causing firearm injuries to several persons including P.W.1 informant Madhav Ram. His son died on the spot. The injured P.W.2 Omendra Pratap Singh and his nephew, Ashok were taken to District Hospital for treatment. The accused apart from possessing licensed revolvers and guns also had illicit arms with them.
4. On the basis of the written report (Ext.Ka.1) given by P.W.1 informant Madhav Ram at P.S. Alapur, District Budaun, check F.I.R. (Ext.Ka.7) and the corresponding G.D. Entry vide rapat no. 24 at 2.20 hours on 08.01.2005, carbon copy whereof was brought on record and proved as (Ext.Ka.8) were prepared by P.W.5 Head Moharrir Niranjan Singh.
5. After the registration of the case, the then S.H.O. of P.S.Alapur reached the place of incident along with his police force and conducted inquest on the dead body of Arvendra on 08.01.2005 at about 15.30 hours, prepared the inquest report and other related documents. After completing the inquest, he got the dead body of Arvendra sealed and dispatched through Constable Tula Ram and Constable Pransukh to the District Hospital for conducting postmortem. The postmortem on the dead body of Arvendra
