STATE OF UTTAR PRADESH Vs. HEM RAJ

JUDGEMENT

(1.) The State has filed this appeal against the judgment of the High Court in Criminal Appeal No. 2903 of 1978 whereby it allowed the appeal of the respondents, set aside their conviction and acquitted them.

(2.) The prosecution case was that on 25-5-1975, sometime between 9 and 10 a.m. an exchange of words took place between Champa (the deceased) and Babu Lal, the brother of the three accused (the respondents herein) in respect of the manner in which his cattle were taken by Babu Lal from near the house of Champa. Babu Lal went home and reported the matter to his brothers. They then went to the house of Champa armed with sticks. They protested why their brother was abused by Champa. All the three then assaulted Champa and gave one blow each as a result of which Champa received injuries on her head and ultimately died. It was also the prosecution case that Champa's husband Bachey Lal in order to save Champa had also thrown a stick towards them as a result one of them was injured.

(3.) In order to prove the assault on the deceased the prosecution had examined Bachey Lal (P.W. 4), Jhajhan Lal (P.W. 5) and Iqbal (P.W. 6). The trial Court believed the evidence of the eye-witnesses and held all the three accused guilty of the offence punishable under Section 302, I.P.C. They were also convicted under Section 323 and 324, I.P.C.