STATE OF UTTAR PRADESH Vs. BABBOO

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court dated October 4, 1972 by which the conviction of respondents Babboo, Ram Prakash and Purushottam under S. 302/34 I. P. C. and the sentence of imprisonment for life have been set aside and they have been acquitted. It has been reported by Superintendent Jail, Bareilly, that respondent Babboo died in civil hospital, Aligarh, on August 19, 1975 and the appeal has abated as against him.

(2.) Tulsi Prasad (P. W. 1) and his son Chandrapal (deceased) were residents of village Nagla Nai, at a distance of about four furlongs from police station Hathras, in Aligarh district. It is alleged that Chandrapal, who was about 18 or 19 years old, went towards his plot on the eastern side of the village "abadi" on July 26, 1968, at about 9 p.m. The respondents were also there at that time, and there were tow other persons who had muffled their faces. It is alleged that there was some altercation between the respondents and the deceased. Respondent Ram Prakash caught hold of the deceased and dragged him towards a lamp post on the road near which the altercation took place. The deceased however managed to get himself released from Ram Prakash"s hold, and ran towards Hathras. He was chased by the respondents and was assaulted with knives by Ram Prakash and Purushottam. The deceased again managed to run away, but he was again chased by the respondents. He was caught by the waist by respondent Babboo near another lamp post, and the other respondents again gave knife blows to him. It is alleged that Chandrapal fell down as a result of these injuries and died instantaneously. His shouts attracted the attention of the people in the neighbourhood, and it is alleged that the incident was seen by Tikam Chand (P.W. 2), Dal Chand (P.W. 3), Nathi Lal (P. W. 4) and Narayan (P. W. 5). The respondents however managed to run away although they were chased by the witnesses for some time. A number of other villagers also arrived at the place of the occurrence, along with Chandrapal"s father Tulsi Prasad (P. W. 1). A written report (Ex. Ka 1) was lodged by Tulsi Prasad at the police station at 10.30 p.m. The names of all the three respondents and the eye witnesses were mentioned in that report. The police took up the investigation and sent the dead body for post mortem examination. Dr. B. P. Kacher (P.W. 10) performed the examination and found the following injuries,-

(3.) The prosecution examined Tikam Chand (P.W. 2). Dal Chand (P.W. 3), Nathi Lal (P. W. 4) and Narayan (P.W. 5) as eye-witnesses of the incident. It also examined Balu Lal (P.W. 6) who stated that on hearing a noise he came out of his house and reached the place of occurrence. He saw the dead body of Chandrapal lying there, and he also found that Tikam Chand (P. W. 2) and Narayan (P.W. 5) and others were present at that time and they narrated the incident to him. The respondents denied the incident including the allegation of enmity with Tulsi Prasad, but did not lead any evidence in their defence. The Sessions Judge of Aligarh placed reliance on the evidence of the prosecution witnesses and convicted the respondents of the offence under S. 302 read with S. 34, I. P. C. and sentenced them to imprisonment for life as aforesaid. As the High Court has acquitted the respondents, the State has filed the present appeal.