STATE OF U P Vs. NAWAB SINGH

JUDGEMENT

(1.) A judgment of acquittal rendered by the High Court of Judicature at Allahabad is in question in this appeal at the instance of the State of U.P.

(2.) The three respondents herein were charged for commission of an offence under Section 302/34 of the Indian Penal Code for causing death of one Sri Ram on 10/11-6-1978 at about 2.00 a.m.

(3.) Background Fact : The prosecution case, as appearing from the First Information Report, is that the respondents together with one Ram Prakash (who is absconding) came to the house of deceased about 2.00 a.m. in the night. The house of the deceased was a small one with a very small courtyard. At the time of occurrence, there were five inmates in the house. Amrit Lal then aged about 12 years, son of the deceased and the first informant Ram Ratan aged 20 years, brother-in-law of the deceased were sleeping on one cot. Km. Kanth Shri, the unmarried sister of the deceased was sleeping on another cot. Renuka Devi, wife of the deceased together with her 15 days old baby was sleeping on the third cot in the open courtyard of the house. The deceased was sleeping on another cot in the courtyard under a shed (chhappar) near the doors of the room and the kitchen. The house of Sri Ram had no shutter opening on the side of the lane. An opening in the wall existed for coming out of the house in the lane. As Renuka Devi gave birth to a child only a few days back, a lantern was burning. The accused persons at 2.00 a.m. on 10-6-1978 trespassed into the house. Ram Prakash and Natthu were said to have been armed with pistols whereas Nawab and Peshkar were said to have been armed with lathis. The parties were said to be in inimical terms.