STATE OF UTTAR PRADESH Vs. RAM SWARUP

JUDGEMENT

(1.) These two appeals by Special Leave are by the State of U. P. The respondents- accused in both the appeals are convicted by the Sessions Judge, Farrukhabad, Mainpuri under Ss. 302/149, 307/149 and 148 of I.P.C. and sentenced to various terms of imprisonment. Against the said conviction and sentence the accused preferred Criminal Appeals Nos. 235 and 240 of 1972 before the High Court of Allahabad. The High Court by judgment dated April 19, 1977 allowed the appeals, set aside the conviction and acquitted them from all the charges.

(2.) On March 2, 1970 there was triple murder in the village Husainpur Tarai, P. S. Shamshabad in the District of Farrukhabad:(1) Moonga Lal, (2) Dharmoo and (3) Jawala were done to death by gun shots. It was alleged by the prosecution that the village was mostly inhabited by Dhobies and Kisans. There was no co-ordination between them. The houses of the accused and the deceased are close to each other. There appears to be only a pathway in between. The deceased obstructed the pathway by constructing a bund across it and also by placing thorny bushes. That was the subject-matter of a panchayat in which Moonga Lal had agreed to remove the obstruction. But he never did. On March 2, 1970 at about sunset time Moonga Lal was working with his cutting machine under the Chapper in front of his house. Lajja Ram and Jamadar were operating the machine. Dharmoo and Jawala were sitting near the Chabutara. There then the accused and some others armed with the guns, pistols and spears came to the Chabutara of Moonga Lal. They fired from the guns. Dharmoo and Moonga Lal died at the spot. Jawala died while being taken from Chabutara to his house. Jamadar, Smt. Badame and Smt. Ram Pyari who were nearby received fire arm injuries.

(3.) The First Information Report was lodged by Bachchu (PW 3) on March 3, 1970 at 7.00 a.m. in the Police Station which was at a distance of 9 miles from the place of occurrence. The investigation was conducted by Shri B. R. Singh (P. W. 16) and Shri B. P. Singh (PW-15).