STATE OF U P Vs. HARI CHAND

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the respondents. Two respondents along with two others faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC). Co-accused persons were acquitted by the trial Court.

(2.) Prosecution version in a nutshell is as follows : On 23.9.1979, at about 11 Oclock in the night in village Fattupatti, Police Station Gambheerpur, District Azamgarh, the incident took place. The deceased was one Mool Chand, who is described as deceased hereinafter. The FIR was lodged the following day at 7.10 a.m. by Khelawan (PW-3) at whose house the deceased was allegedly sleeping on the fateful night. The distance of the police station from the place of occurrence was five miles. Deceased resided in the village aforesaid with his mother and other family members. The accused-Jautam alias Andhi had property disputes with the deceased. Accused-Har Chand was allegedly his associate residing in the same village. Earlier to the incident, deceased had obtained a decree relating to certain disputed property in his favour as against Jautam alias Andhi, a notorious person who had infused a sense of terror in the mind of Mool Chand and used to issue threats to him of his life. For this reason, Mool Chand used to sleep at the house of Khelawan (PW-3). On the fateful night, he was sleeping outside the house of Khelawan (PW-3). At a little distance his mother Gomati Devi (PW-1) and his daughter Ramawati (PW-2) were also sleeping in the Verandah. A lantern was glowing. At about 11 Oclock in the night, the two respondents with two others appeared there. Both the respondents were armed with firearms. Mool Chand was caught hold of and present two respondents opened fire on him. He died instantaneously. Gomati Devi (PW-1, Ramawati (PW-2) and Khelawan (PW-3) witnessed the incident. On the lodging of the FIR on oral narration by Khelawan (PW-3, a case was registered and investigation was taken up.

(3.) After completion of investigation charge sheet was filed. The defence plea was one of the denial and alleged false implication. Prosecution primarily relied on the evidence of three eye-witnesses PWs-1, 2 and 3. PW-5 was the doctor who conducted the autopsy.