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Court No. - 46

Reserved on:24.03.2022

Delivered on:30.05.2022

Case :- CRIMINAL APPEAL No. - 1090 of 2010

Appellant :- Satish Chandra And Others

Respondent :- State of U.P.

Counsel for Appellant :- Jagdish Singh Sengar,Amit Mishra,Hari

Prakash Mishra,Harish Chandra Saxena,Manoj Kumar,N.K.Singh,Rajesh

Kumar Mishra,Ranjeet Kumar Mishra,Shahroze Khan,Viresh Mishra

Counsel for Respondent :- Govt. Advocate

And

Case :- CRIMINAL APPEAL No. - 1307 of 2010

Appellant :- Mewa Ram And Others

Respondent :- State of U.P.

Counsel for Appellant :- Jagdish Singh Sengar,Amit

Mishra,Himadari Batra (Amicus Curie),Manoj Kumar,Pankaj

Sharma,Prashant Saxena,Ravesh Kumar Singh,S.B.Singh,S.V.

Singh,Viresh Mishra

Counsel for Respondent :- Govt. Advocate

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Kunvar Srivastav,J.

(Delivered by Justice Sunita Agarwal.)

1.

Heard Sri Rajesh Kumar Mishra learned Advocate for the

appellants, Ms. Himadri Batra learned Amicus in two connected appeals

and Sri Roopak Chaubey learned A.G.A for the State respondent.

2.

This appeal is directed against the judgment and order dated

17.02.2010 passed by the Additional Sessions Judge,/Court no.3,

Farukkhabad in Sessions Trial no.460 of 1996 arising out of Case Crime

no.41 of 1996 under Sections 147, 148, 149 and 302 IPC Police Station-

Kampil, District Farrukhabad, whereby the appellants (six in number)

have been convicted for the offence under Section 148, 302/149 IPC and

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have been sentenced for life imprisonment with fine of Rs.15,000/- under

Section 302/149 IPC, the default punishment is six months additional

rigorous imprisonment under Section 148 IPC, sentence of one year

rigorous imprisonment with fine of Rs.1000/- was imposed, default

punishment is one month additional imprisonment for the said offence.

All the sentences are to run concurrently. The appellant Mewa Ram in

Criminal Appeal no.1307 of 2010 had died on 28.12.2019. The said

Criminal Appeal on behalf of Mewa Ram is, therefore, abated.

3.

The first information report of the incident occurred on 05.03.1996

at about 8.00 p.m was lodged on 06.08.1996 at about 2.30 a.m by Ram

Prem s/o Siya Ram, brother of the deceased Sanne Singh. The distance of

the Police Station from the place of the incident has been mentioned as 3

kms in the Check FIR. Six accused persons herein had been named in the

written report. As per the narration therein, the first informant and his

brother deceased Sanne Singh were accused in a case of murder of one

Inam Singh s/o Kashmir in the village in question about three years prior

to the incident. The said case was going on against the first informant and

his deceased brother. A panchayat was held about two years back and

there was peace since then. The deceased was living in Delhi and came

home (village) to celebrate Holi. On the fateful day i.e 05.03.1996, the

first informant and his brother (deceased) Veerpal s/o Vadan Singh and

Manne s/o Roop Raj went to the house of Pandit Radheyshyam in

Surajpur Palnapur to wish Holi. At around 8.00 p.m, when they were

coming back and reached at the door of Nawab Pandit, six accused

persons pounced from the bushes carrying guns and Tamanchas in their

hands and exhorted to catch and kill all of them. All six accused persons

opened indiscriminate fires upon the complainant party and Sanne Singh,

brother of the first informant had been killed on the spot. Leaving the

body on the spot, the first informant went to lodge the report. It is stated

in the written report that the entire incident was witnessed by the

complainant side in the torch light and they had identified the accused

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persons and came to the police station hiding themselves because of the

fear of the accused.

4.

The first information report lodged by the P.W-1, (first informant)

had been registered as Case Crime no.41 of 1996 under Sections 147, 148,

149 and 302 IPC by the Constable Clerk posted in the Police Station

Kampil, e