Criminal Appeal No. 1796 of 1983. Case: Niwas Rai and Ors. Vs State of U.P.. High Court of Allahabad (India)
| Case Number | Criminal Appeal No. 1796 of 1983 |
| Counsel | For Appellant: R.N. Rai, A.K. Rai, S.N. Rai and Shashikant Rai, Advs. and For Respondents: D.G.A. |
| Judges | H. G. Ramesh and S. B. Singh, JJ. |
| Issue | Indian Evidence Act, 1872 - Section 45; Indian Penal Code 1860, (IPC) - Sections 147, 148, 149, 302, 307, 420 |
| Judgement Date | January 14, 2016 |
| Court | High Court of Allahabad (India) |
Judgment:
S. B. Singh, J.
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The present appeal assails the accuracy of the verdict dated 02.08.1983 passed by IInd Additional Sessions Judge, Basti in Session Trial No. 293 of 1982 (State Vs. Sri Niwas Rai and others) arising out of Case Crime No. 173 of 1981, under Sections 147, 148, 302, 149 IPC, P.S. Mahuli, District Basti, whereby the appellants/accused Sri Niwas Rai, Jeet Bahadur Rai, Mukti Nath Rai, Ravindra Rai, Ram Chandra Pandey, Prahalad Pandey, Ram Palat Pandey, Sachchida Nand Pandey and Sadanand Rai have been convicted under Sections 302/149 and 148 IPC and each of them has been sentenced to undergo imprisonment for life under Section 302/149 IPC and to rigorous imprisonment of two years under Section 148 IPC. By the same judgement appellant/accused Ram Dularey Rai has been convicted under Section 302/149 IPC and 147 IPC and sentenced to undergo imprisonment for life under section 302/149 IPC and to rigorous imprisonment of one year under Section 147 IPC.
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The prosecution version, in brief, is that accused Sachchida Nand Pandey, Ram Chandra Pandey and Prahlad Pandey are real brothers and Ram Palat Pandey also belongs to the same family. Accused Ravindra Rai and Jeet Bahadur Rai are nephews of accused Sri Niwas Rai. Accused Mukti Nath Rai and Ram Dularey are 'pattidars' (co-sharers) of accused Sri Niwas Rai. Accused Sadanand is son of the brother-in-law of Abhimanyu, brother of accused Sri Niwas Rai. Sadanand is resident of Bansgaon, District Gorakhpur. Rest of the accused and complainant Gopalji Rai are residents of Village Sakhi, Police Station Mahuli, District Basti. It is alleged that long ago a criminal case of 'mar-peet' was litigated between father of the complainant Gopalji Rai and one Satyadeo Rai, brother of accused Sri Niwas Rai. Prior to the above case, Ram Naresh Rai, uncle of the complainant, had also lodged a case of theft against Satyadeo Rai. Thus, there was long-standing enmity of litigation between the two parties. To cap it all, a couple of weeks before this incident, Satyadeo Rai @ Chhutai Rai and others were convicted by the Court of Sessions under Section 307 IPC for attempt to murder Pandit Awadhesh, resident of village Sakhi and a close friend of complainant's father Mahadeo Rai and were imprisoned. Sri Niwas Rai (brother of Satyadeo Rai) harboured the impression that Mahadeo Rai was instrumental for this conviction. This motive led to the commission of this dastardly and cold-blooded double murders.
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In the intervening night of 13th and 14th November, 1981 at about 10.30 P.M. deceased Mahadeo Rai and his son complainant Gopalji Rai were sleeping in 'verandah' of their 'Ghari' on separate beds and their servant Ram Surat Yadav was also sleeping there on the ground. The complainant's brother Satyapal, his mother and other family members were sleeping inside the house. A lantern was kept lighted and hanging by a 'dasa' (a supporting beam) in the verandah. Accused named above, came at the door of complainant Gopalji Rai armed with gun, country made pistols and pistol. Deceased Mahadeo Rai and complainant Gopalji Rai were alarmed on hearing the sound of arrival of accused. Sri Niwas Rai was armed with a pistol, Sadanand Rai, Mukti Nath Rai, Sachchida Nand, Ram Palat Pandey, Prahlad Pandey, Ram Chandra Pandey and Jeet Bahadur Rai with country made pistols. Ravindra Rai with a gun and Ram Dularey with a torch. Sri Niwas Rai, Sadanand Rai, Mukti Nath, Sachchida Nand and Ram Palat Pandey surrounded the complainant and his father, whereas the remaining accused went to the house of Nand Kumar through a lane. A lantern was also kept lighted in the 'verandah' of Nand Kumar where he was sleeping. Indra Jeet and Janhavi Rai were also sleeping in the said 'verandah' by the side of deceased Nand Kumar. On the arrival of the accused, Nand Kumar got up but was shot dead by them. The complainant's mother and his brother Satyapal had also come out on hearing the tumult. Satyapal escaped and set fire to the pile of straw heaped towards the north-east of the complainant's house and to another heap of straw towards north-west of the house of Sachchida Nand. On hearing the sound of gun shots, witnesses Kaushal Rai, Matabadal and Prabhakar Rai and others rushed to the spot. On hearing the sound of gunshots fired at Nand Kumar, the accused who had surrounded the complainant and his father Mahadeo Rai attempted to shoot at Mahadeo Rai twice from the pistol but both the shots missed. Sadanand Rai also fired at Mahadeo Rai from his country made pistol. In the meantime, all the five accused returned from the house of Nand Kumar to the 'Ghari' of the complainant and Ravindra Rai fired two shots at Mahadeo Rai from his gun and he succumbed to his injuries instantaneously. Before that when the accused had surrounded the complainant and his father, they were entreating the accused to forbear but the accused did not relent. The witnesses identified the assailants in the light of the lantern and of the burning piles of straw. A written report of the incident was scribed by Jagdish Rai, son of Paras Rai resident of the same village as narrated by the complainant Gopalji Rai. The FIR was registered at the Police Station Mahuli at 8.30 A.M. in the morning of 14.11.1981.
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The case was...
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