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Criminal Appeal No. 686 of 2002. Case: State of Uttar Pradesh Vs Ram Sajivan and Others. Supreme Court (India)

Judgment Cited in 3 Precedent Map Related
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Case NumberCriminal Appeal No. 686 of 2002
CounselFor Appellant: Ratnakar Das, Sr. Adv., S.N. Pandey and Chandra Prakash Pandey, Advs and For Respondents: Vishwajit Singh, N.P. Singh, Siddharth Sengar, Abhindra Maheshwari and Pankaj Singh, Advs.
JudgesDalveer Bhandari & A. K. Patnaik, JJ.
IssueIndian Penal Code, 1860 - Sections 149, 201, 302, 364, 395; Code of Criminal Procedure, 1973 (as amended by Act No.25 of 2005 & Act No.2 of 2006) - Sections 161, 313, 378, 386, 417
Citation2010 (1) ACR 943 (SC), AIR 2010 SC 1738, 2010 (2) ALD 163 (Cri), CLT (2010) Crl 367, JT 2009 (14) SC 626, 2010 (1) OLR 193, 2010 (Crl) OLR 367, 2010 (I) OLR 193 (SC), 2009 (14) SCALE 376, 2010 (1) SCC 529, 2009 (1) SCR 154, 2009 (3) UC 1806
Judgement DateDecember 04, 2009
CourtSupreme Court (India)

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 Indian Penal Code, 1860 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 Indian Penal Code, 1860 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 Indian Penal Code, 1860 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 Code of Criminal Procedure, 1973 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 Dayal were also tied by a rope. The accused had pretended to be the Police officials of the District Rai Bareilly who had come to arrest persons in connection with some dacoity which took place in Rai Bareilly.

7. The accused persons had taken eight persons after tying them by a rope to the village Maheva on the bank of river Ganges. These abducted persons from that point were taken by two boats towards the east. These two boats were being rowed by two boys belonging to the village Mahewa. Jasodiya did not mention their names. After they covered some distance on boats towards the east they were forced to disembark from the boats. Jasodiya started weeping and crying and her husband Kallu, who was also terribly frightened managed to jump into the stream of the river Ganges and swam to safety. Jasodiya, who continued to cry and weep, was attacked by the accused with knives and she was shot at by firing from gun and she was thrown in the river Ganges. Jasodiya was taken by the swift current of the river Ganges to village Jafrabad where she was spotted by two persons who took her out of the river Ganges. She expressed her apprehension about the killing of the remaining abducted persons by the said accused who were pretending to be the police personnel. This report Ex. KA.1 was sent to the Station Officer of the Police Station Hussainganj for investigation and necessary action. Similar story was narrated by Jasodiya to the Investigating Officer Devi Dayal Dixit, as would appear from the extract Ex. KA 25 and also in the dying declaration Ex. KA.6.

8. Two persons spotted Jasodiya when she reached near the bank of the river in village Jafrabad. They reached at the bank of the river, took her out and put her on a small cot and she was warmed by fire under a Mahuwa tree. Thereafter, she was taken for medical examination of her injuries at the Public Health Centre (for short, PHC) Hathgaon, where Dr. C. M. Mittal examined the injuries of Jasodiya. She was taken there by Chet Ram 149 C.P. and Rais Ahmad 454 C.P. of the Police Station Hathgaon who had identified Jasodiya before Dr. C. M. Mittal. The examination took place at 10.30 pm on 10.9.1979. Dr. Mittal assessed the age of Jasodiya around 50 years and he found the following injuries on the person of Jasodiya:

"1. Two incised wounds of =" x 1/8", depth not measured, other wound =" x 1/8" x depth not measured, which are on the left side neck 2" below from the left mastoid process. The wounds are paralleled and one inch distance between two wounds. Bleeding not there. Margins were clear cut and well defined.

2. A gun shot wound entry of =" x =" x muscle deep size on the lower abdomen 3 =" below the umbilicus.

3. Gun shot wound of entry =" x =" x muscle deep size on the outer aspect of right thigh 3=" from the right anterior superior iliac spine. No bleeding.

Injury No. (1) kept under observation caused by some sharp weapon. Rest injuries caused by fire arm weapon. Referred to District Hospital, Fatehpur for treatment and advised X-ray of all the affected parts. Duration about one day old." Dr. Mittal prepared injury report Ex KA.5 and according to his statement these injuries could be caused in the night between 9/10.9.1979 at any time after 11 PM. Dr. Mittal also recorded the dying declaration of Smt. Jasodiya in the same night at about mid night. The dying declaration is Ex. KA.6."

9. Jasodiya succumbed to the injuries and died on 11.9.1979. Bhim Singh conducted inquest proceedings in respect of the dead body of Jasodiya. He prepared inquest report Ex. KA.17, Photo Nash Ex. KA.18, Challan Nash Ex. KA.19, Report for post-mortem examination Ex. KA.20 and report for sending clothes etc. removed from the dead body of Jasodiya Ex. KA.21.

10. The post-mortem of Jasodiya was conducted by Dr. S.K. Tandon, P.W.6, Medical Officer working at the District Hospital, Fatehpur on 12.9.1979 at 2 p.m. Dr. Tandon found the following ante-mortem injuries on the dead body:

"1. One gun shot wound of entry =" x =" x bone deep on the anterior lateral surface of upper third of right thigh. Margins lacerated. Blackening and tattooing present.

2. One gun shot wound of exit =" x =" x muscle deep on the leluic region 4" below umbilicus. Margins everted and lacerated. No blackening present.

Injury No. (1) and (2) are interconnected with each other. There is laceration of right femual vessel under injury No. 1. No Gun shot recovered from the body after extensive search. Direction right to left and upward.

3. Contusion 4" x 1" right side back.

4. Abrasion =" x =" x on ankle region.

5. Incised wound 1" x =" muscle deep on left side neck 1 =" below the left ear. Margins everted and clean out.

6. Incised wound 1" x =" x muscle deep, left side of neck.

In internal examination heart was found empty and the stomach was also found empty.

The death was caused due to shock and haemorrhage due to ante-mortem injuries. The ante-mortem injuries were quite sufficient in the ordinary course of nature to cause the death. He had taken off a Dhoti, One keel of nose, ring, 17 Chooriyan (bangles), 6 Bachchey, two ear-rings and sealed them and gave them to Constable Rais Ahmad for being taken to the police station."

11. The dead body of Shripal, S/o Din Dayal was recovered from the river Ganges and its inquest was conducted by Bhim Singh, Sub-Inspector posted at the Police Station Hathgaon. After appointing Panchas, Sub-Inspector Bhim Singh inspected the dead body of Shripal and prepared the inquest report. Dr. P. Joshi, P.W.7 who was working as the Medical Officer, District Hospital, Fatehpur, conducted the post- mortem on the dead body of Shripal and found the following injuries:

"1. One gun-shot wound of entrance 1" x 1" x abdominal cavity deep at 11 O' clock position 1 =" apart from umblicus loop of bowes protruding out of the wound. Margins lacerated and inverted...

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