(1.) Ram Manorath alias Bhaiya Lal (33) was tried in the Court of Sessions Judge, Allahabad on four counts under Section 302, I.P.C. for causing the death of Kallo Shah (50), Gulbahar (50), Sri Ram, (52) and Dhunnu alias Rehman (22) and on two Counts under Section 307, I. P. C. for firing with gun at Habib and Shafi and thereafter for firing at Babu, There was also a charge against the accused under Section 323, I. P. C. for causing hurt to Ahmed Ali alias Basai PW. The learned Sessions Judge acquitted the accused on all the counts. Six appeals were filed by the State appeals were filed by the State against the acquittal of the accused, but they were all dismissed by the Allahabad High Court by a common judgment. Criminal appeals Nos. 217 to 222 of 1969 have been filed by the State of Uttar Pradesh by special leave against the above judgment of the High Court. This judgment would dispose of all the six appeals.
(2.) The occurrence, which is a subject matter of this appeal, took place in village Kara at a distance of five miles from police station Saini in the district of Allahabad. The prosecution case is that Ram Kripal (PW 21) and the accused are near collaterals and their relations with each other were strained. There was a fight regarding a wall and in that connection. Ram Prasad, father of Ram Kripal, lodged a report against the accused, in June, 1960. Another report was lodged by Ram Kripal against the accused in July, 1960 regarding an encroachment made by the accused on Ram Kripal's land. Some cross complaints were thereafter made by the accused and Ram Kripal against each other. About a couple of years before the present occurrence, tow children of Ram Kripal died as a result of poisoning after taking some Sattus. It was then suspected that the accused was responsible for that poisoning. A day before the present occurrence, there was an exchange of hot words between the accused and Ram Kripal in the presence of Shri Hardeo Sahal Bhargave, Tehsildar (PW 8) who was camping at Kara in connection with the possession of land.
(3.) On February 26, 1965 at about 10. A.m., it is stated, the accused armed with a double-barrel gun and a bandolier containing a number of cartridges went towards his field. The accused then noticed that Kalloo Shah had climbed a Biar tree belonging to the accused and was collecting dry twigs from there. The accused asked Kalloo as to why he was plucking Bair from the tree, to which Kalloo replied that he was collecting only dry twigs. The accused thereupon remarked as to how Kalloo who was a helper of Ram Kripal could collect twigs from the tree of the accused. At the same time the accused fired a shot at Kalloo. Kalloo fell down on the ground and died immediately. This occurrence was witnessed by Bindeshwari (PW 1) Piyare (PW 5) and Kumari Jasirun (PW 6) who is aged nine years and is daughter of Kalloo.