STATE OF U P Vs. SUKHPAL SINGH

JUDGEMENT

(1.) These appeals are directed against the judgment dated 3-7-2000 passed by the High Court of judicature at Allahabad in Criminal Appeals Nos. 2311, 2234 and 2243 of 1980, by which the High Court has set aside the judgment of conviction of accused (respondents herein) passed by the Additional Sessions Judge, Aligarh, U. P.

(2.) Brief facts which are necessary to dispose of these appeals are recapitulated as under :- The prosecution version, as set up in the first information report by Shri Bhagwant Singh, PW 2 is that on 1-9-1979 at about 7.45 p.m in the evening, Hiralal Yadav, the elder brother of the complainant, Kundan Singh, Chhabi Nath Singh, Tikam Singh and Chandan Giri were sitting in the open area of the house of Bhagwant Singh. Aidal Singh, the younger brother of Hiralal and the ladies of the family were inside the house. At that time, about 10 to 15 persons armed with country-made pistols, guns and other weapons entered the house of the complainant. They came for committing dacoity as mentioned in the FIR. They started indiscriminate firing and in the process they killed Hiralal and Aidal Singh and injured Smt. Longshree and Chandan Giri. It is further disclosed in the FIR that the miscreants inquired about the property articles from Smt. Longshree and looted licensed single barrel gun of Aidal Singh and some other articles, the details of which were not given in the FIR. There was moonlight and lantern light at the spot where the incident had taken place. Amongst the miscreants, accused Sukhpal, Harpal, two brothers, sons of Rabti Singh, Ajanti, resident of village Sikanderpur and Munna Giri, resident of Sitapur have been identified in the moonlight and the lantern light. According to the prosecution, they remained on the spot with other miscreants for about half an hour.

(3.) It is stated that the incident had taken place on 1-9-1979 at 7.45 am and the FIR was lodged at 9.15 p.m. on the same night. The case against the accused persons was registered and investigated.