LexSTATE OF UTTAR PRADESH versus MOTI RAM AND ANR. ETC. ETC.
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7 STATE OF UTTAR PRADESH A v. MOTI RAM AND ANR. ETC. ETC. MAY 2, 1990 [S. RATNAVEL PANDIAN AND K. JAYACHANDRA B REDDY, JJ.] r Constitution of India-Article 136-Appeal by special leave by State against acquittal by High Court-Held evidence ambulatory and vacillating-Suffering from insurmountable infirmities and probabili- " ties-Suspicion however strong-Not sufficient to take place of legal c proof and warrant finding of guilt against accused. ( This appeal has been preferred by the State against an order of acquittal recorded by the High Court in respect of the accused respon- dent. According to the prosecution there were two rival factions in village Deotaha (U.P.), one led by the accused-respondents and the D other by the deceased victims. There existed bitter enimity between the two factions, one faction was out to take the blood of another and due to this deep-rooted animosity Accused I, 2 and 27 batched a conspiracy with some other associates to murder Prabhu Nath and his men on I 14.1.1974, on which date they were scheduled to cut the standing sugar ~ cane in Plot l'los. 736 and 737. It is alleged by the prosecution that in E pursuance of this conspiracy, Accused 3 deposited his licensed gun with the arms dealer on 12.1.1974 with a view to screen himself from any prospective accusation and Accused I, 2 and 27 in o.rder to set up a plea of alibi connived with Accused 40, Travelling Ticket Examiner in the Railways, travelled without ticket, got themselves checked and sen- tenced to imprisonment by the railway magistrate on 13.1,1974 and F were incareerated in the Gorakhpur jail till 18.1.1974. According to the prosecution on 14.1.1974, when the deceased 13 persons and others went for cutting the sugar cane crops raised by one of the deceased. At about I p.m. by which time the cut crop was being loaded in the tractor trolley brought by the deceased persons, Accused persons with their men 80 to 90 in number attacked them with spears, lathis and pharsas G and started firing indiscriminately. The deceased persons and others ran with a view to save their lives; some hid themselves behind the '- tractor and trolley, and others ran towards north and south directions. As a result of the attack PWs 3 and 24 received injuries and 13 persons succumbed to their injuries instantaneously. It is alleged by the pro- seciltion that d11ring the course of the occurrence, the deceased Prabhu H 939 940 SUPREME COURT REPORTS [1990] 2 S.C.R. A Nath who had a gun rrred at the accused party in self-defence and\injured \ Accused 36, Rambali. Thereafter Accused 10 and 16 covered the dead bodies with sugar cane leaves and sprinkled diesel oil by taking it from the tractor and set fire to the bodies. Thereafter the accused left the scene of occurrence; accused 32 carried away the guu of the deceased Prabhu Nath. P.W. I thereupon lodged the F.I.R. and the police took B up the investigation. After completing the investigation, P.W. 38 laid the chargesheet In 4 batches which gave rise to 4 different sessions trials '7' which were disposed of by a common judgment by the Sessions Judge. All the accused pleaded not guilty and denied their complicity with the offence. Accused 36, Rambali admitted his presence and stated that the sugar-cane belonged to one Phunni and not to Tirjugi and his men and ~ c while Phunni and his men were cutting the crops, the deceased Prabhu Nath and other deceased persons attempted to forcibly take away the crops and during the course of such attempt, Phunni and his men " attacked the deceased party and that he was shot by the deceased Prabhu Nath when he entreated that the sugar cane should not be taken away. Accused 1, 2 and 27 denied the charge of conspiracy contending D that they were in prison on the date of occurrence consequent upon their conviction by the railway magistrate. The learned Sessions Judge acquitted 25 accused persons out of the total of 41 accused, viz., 4-6, 11-14, 17-22, 24-26, 28-32, 35 and 39-41 . ~ finding them not guilty of any of the charges and convicted the remain- ' E. ing 16 accused for various offences and passed sentences of the prison- ment in respect of each accused. It may be mentioned that Accused Nos. 10 and 16 were convicted under Section 302 read with Section 149 I.P.C. and each of them was sentenced to death, besides their conviction under Section 307 I.P.C. F All t]ie convicted accused filed Crim
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