Vaishnavi Nirmal | Manikchand Pahade Law College, Aurangabad | 24th February 2020
State of U.P. v/s Krishna Master & Others., (Criminal Appeal No. 1180 of 2004)
Fact of case:
The incident in question took place on August 10/11, 1991. The first informant is one Jhabbulal. He, as well as the respondents, are residents of Village Lakhanpur, District, Farrukhabad, Uttar Pradesh. About one year before the date of incident, Sontara, daughter of the respondent No.1 had eloped with Amar Singh, son of Jhabbulal. On one day, Amar Singh was spotted in the village and on learning that Amar Singh was back in village, the respondents had made an attempt to find him out to assault him and to take revenge. However, Ramwati, wife of Guljari, had learnt about the plans of respondents. She was neighbour of Jhabbulal. Therefore, she had given prior intimation to Amar Singh about the ill designs of respondents to assault him. Thereupon Amar Singh had left the village and this is how his life was saved.
Later on, the respondents had learnt that because of the intimation given by Ramwati, Amar Singh had left the village and he could not be targeted. Since then, the respondents were bearing a grudge against Ramwati. It may be mentioned that after 3-4 days Sontara and Amar Singh had returned to the village. It is the prosecution case that at that time, Guljari Lal, husband of Ramwati had suggested the Respondent No. 1- Sri Krishna Master, in presence of Jhabbulal to get his daughter married to the son of Jhabbulal. Thereupon, respondent No.1 had taken exception and told Guljari Lal not to play with the honour of his family. Because of the suggestion made by Guljari Lal, Sri Krishna Master was highly agitated and had animus against Guljari Lal and Jhabbulal.
Some 10 to 15 days prior to the date of incident, Sontara had again eloped with Amar Singh. Due to this reason the respondents had become restive and uneasy with the family of Jhabbulal and his neighbour Gulzari Lal. Sri Krishna Master had gone to meet Jhabbulal and told Jhabbulal that Sontara must come back to him by Sunday failing which no one in the world would be able to save him and family of Guljari. Because of the threat given by Sri Krishna Master, Jhabbulal had gone to the residence of his relatives in search of his son and daughter of the respondent, but he was unable to trace the missing boy and the girl.
On August 10, 1991, Ram Sewak, announced while sitting on Chabutra that, at all costs, the girl Sontara should come back. Otherwise, no one would be kept alive even for the name sake. Sontara did not come back to the village. In the midnight of August 10/11, 1991, at about 12 hours, the respondent No.1, i.e., Shrikrishna, the respondent No.2 Ram Sewak and the respondent No.3 Kishori hands entered and started firing shots indiscriminately. The respondents after killing Guljari and his family made search for the complainant and his family members but they did not find them present in the house. At that very time, Baburam, brother of the first informant, who had entered his shop out of fear, was also dragged out by the respondents from the shop and shot dead.
The written report relating to the incident was got scribed by Jhabbulal through a person named Radheyshyam and it was submitted at the police station at about 3.30 a.m. on 11.8.1991.
Judgement:
A bench of Justices H.S. Bedi and J.M. Panchal reversed the order of acquittal passed by the Allahabad High Court after the trial court handed them the death sentence. The bench said: “there is no manner of doubt that killing six persons and wiping out almost the whole family on the filmy ground of saving the honour of the family would fall within the rarest of rare cases and therefore the trial court was perfectly justified in imposing the capital punishment on the respondents.”
SC awarded life sentence to three persons who caused the death of six persons of a family in a case of ‘honour’ killing at a village in Uttar Pradesh in 1991.
Leave a Reply