STATE OF UTTAR PRADESH Vs. ZALIM

JUDGEMENT

(1.) - The three respondents herein along with one Hari Singh (accused) were put up for trial for committing culpable homicide not amounting to murder of Babu Ram (since deceased), an offence punishable under S. 304 of the Indian Penal Code. The Second Addl. District and Sessions Judge Etawah, vide judgment and order dated 29-5-1978 in Sessions Trial No. 199 of 1976 convicted the first respondent/accused Zalim under S. 304 Part I of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years. Partap the second respondent was convicted under S. 304, Part I read with S. 34, I.P.C. and sentenced him to suffer rigorous imprisonment for seven years. Pyare the third respondent was also convicted under S. 304, Part I read with S. 34 I.P.C. and sentenced him to suffer rigorous imprisonment for five years. The learned IInd Addl. District and Sessions Judge, however, gave benefit of doubt to Hari Singh and acquitted him of the said charge. The respondents being aggrieved by the order of conviction and sentence preferred an appeal to the High Court of Judicature at Allahabad and the High Court vide its judgment and order dated 6-4-1983 allowed the appeal of the respondents and acquitted them of the said charge. The State of U.P. has filed this appeal challenging the legality and correctness of the order of acquittal passed by the High Court.

(2.) Briefly stated the prosecution case is as under:-

(3.) The respondents (accused) denied the charge and claimed to be tried. They admit their presence but, however, they pleaded a right of private defence. According to the respondents, Babu Ram (deceased) was holding a shoe in his left hand which caused reasonable apprehension in their minds as regards danger to their lives, and therefore, in exercise of their right of private defence they were justified in their action.