STATE OF U P Vs. ATAR SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court which by the impugned judgment acquitted the respondents and set aside the conviction recorded by the learned Additional Sessions Judge in .Sessions Trial No.316 of 1979. Each of the accused had been convicted by the trial court and sentenced to life imprisonment under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') read with Section 149 IPC, three months RI under Section 323 read with Section 149 IPC, six months RI under Section 324 IPC read with Section 149 IPC and two years RI under Section 452 IPC. Accused Jai Singh, Atar Singh, Mohan Singh, Beer Singh and Baburam were further convicted under Section 147 IPC and sentenced to nine months RI. Accused Ramesh and Lal Singh were however convicted under Section 148 IPC and sentenced to one year's RI. All the sentences were directed to run concurrently. The High Court reversed the judgment and directed acquittal in the appeal filed by the accused persons.

(2.) Prosecution version as unfolded during trial is as follows:

(3.) It was firstly noticed by the High Court that the motive assigned by the prosecution against the accused respondents did not stand the test of logic. The incident of kidnapping and abduction of Dhika daughter of Dallu by Durgapal-brother-in- law of Shyam Pal (PW-1) had taken place about six months before. Even no FIR had been lodged against Durgapal from the side of accused persons regarding that incident. It was admitted by PW-1 that even no Panchayat was convened. Further Shyam Pal (PW-1) had admitted that at the time of exchange of hot words with Dallu at the Chaupal of Nek Ram, two persons namely, Nek Ram and Urman Singh were there who had intervened. None of them was produced by the prosecution to indicate the origin of the incident. Dallu himself was a T.B. patient and the High Court found it hard to believe that after alleged exchange of hot words at the Chaupal of Nek Ram, he with all his sons, brother and nephew would have appeared in the house of PW-1 to assault him and his family members. Accordingly, it was held that even there was no immediate motive for the alleged occurrence.