STATE OF UTTAR PRADESH Vs. KAPILDEO SINGH

JUDGEMENT

(1.) The State of U.P. has filed this appeal challenging the acquittal of the respondents under Sections 302, r/w 149, 307 r/w 149 and 395, I.P.C.

(2.) All the six respondents were tried in the Court of Sessions Judge, Gazipur, in Sessions Trial No. 148 of 1977, for committing murder of Ramdas and attempting to commit murder of Baba Nageshwar Das. It was alleged against them that during the night between April 27 and 28, 1976 at about 2.00 a.m., they along with some co-villagers had gone to the 'Kutiya' of Baba Nageshwar Das to settle the dispute regarding the land of Kapildeo. As Baba insisted that the land having been given to the deity it was not possible for him to compromise, a quarrel took place. First Ramdas was assaulted and thereafter the Baba. Ramdas died on the spot.

(3.) In order to prove its case the prosecution had examined two eye-witnesses P.W. 1 - Baba Nageshwar Das and P.W. 6 - Radhey Shyam. P.W. 6 had not seen the assault but had seen the accused running away from that place soon after the offence was committed. The trial Court did not believe the evidence of P.W. 6 but relying upon the evidence of P.W. 1, convicted the respondents. The High Court after reappreciating his evidence held that Baba could not have identified the assailants as there was no light and he was an old man of 108 years with weak eyesight. Taking these facts into consideration and also the delay of three months in recording his statement the High Court disbelieve his evidence and acquitted the respondents.