THE STATE Vs. RAM SAHAI AND ORS.

JUDGEMENT

(1.) This appeal, preferred under Sec. 378 of the code of Criminal Procedure, 1973, is directed against judgment and order dated 14 -11 -1983, passed in Session Trial No. 149 of 1980 by, the then, learned II Additional Sessions Judge, Nainital, whereby the Respondents Ram Sahai, Chhadami, Nathu, Leeladhar, Bhagirath, Chiranji, Badri and Rambir have been acquitted of the charges of offences punishable under Sec. 148, 302/149, 307/149 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.). Nathu has been acquitted not only of the aforesaid charges but also from the charge under Sec. 25 and 27 of the Arms Act, 1959. This appeal against acquittal was originally filed before the Allahabad High Court in February, 1994. The leave was granted and appeal was admitted on 19 -02 -1985 by said Court. The appeal is received by transfer by this Court, for its disposal, under Sec. 35 of the U.P. Re -organization Act, 2000.

(2.) According to the prosecution story, on 10 -04 -1980, P.W.2, Fateh Singh along with his uncle Sant Singh (deceased) and sister P.VV.3, Km. Rohini alias Kukku, in car bearing registration number U.S.S. / 4561, was going to examination center, Rudrapur so that Km. Rohini alias Kukku may appear in her Home Science paper of Class 10th. When they were passing on a road near village Dalchand, at about 1:40 P.M., accused / Respondents Ram Sahai and Chhadami waived their hands in front of the car to stop the same. Sant Singh (deceased) who was driving the car stopped it. Meanwhile, from the eastern side other six accused / Respondents namely, Nathu, Leeladhar, Bhagirath, Chiranji, Badri and Rambir, who were in an ambush in the ditches by the side of the road, also came near the car. They all were armed with Laathis. All the accused / Respondents surrounded the car and started hurling abuses at Sant Singh. As soon as, Sant Singh (deceased) alighted from the car, accused / Respondents Chiranji, Leeladhar, Nathu, Jhunda alias Bhagirath wielded laathis on him and caused several injuries on his person, On this, Sant Singh opened fire from his revolver in his self defence hitting accused / Respondents Chiranji and Leeladhar. However, the revolver, thereafter, was snatched from Sant Singh by accused / Respondent Nathu, who fired back from the revolver at Sant Singh. Simultaneously, accused / Respondents Jhunda alias Bhagirath, Ram Sahai, Rambir and Badri started wielding laathis on Fateh Singh (RW.2) and Km. Rohini (P.W.3). But, on raising alarm by Fateh Singh and Km. Rohini, accused / Respondents fled towards the village. Accused / Respondent Nathu fled with the revolver of Sant Singh. Injured Fateh Singh and Km. Rohini when came near Sant Singh, they found that he has died. According to the prosecution case, P.W.6, Om Prakash also witnessed the occurrence. P.W.2, Fateh Singh lodged the first information report (Ext.A -1) with the police station Bazpur. On the basis of said report a check report (Ext.A -13) was prepared and an endorsement of the same was made in the general diary (copy of extract of which is Ext. A -14) by Head Constable Abdul Gani (P.W.ll). P.W.12, Vikrarn Singh, Station Officer of police station Bazpur started the investigation of the crime. During investigation, inquest report (Ext. A -10) was prepared of the dead body of deceased which was sent for postmortem examination. The Investigating Officer also got prepared sketch of dead body (Ext. A -20), police form No. 13 (Ext. A -19), Police form No. 33 (Ext. A -18), site plan of the place of occurrence (Ext. A -21). Also, apart from getting injured Fateh Singh (P.W.2) and Km. Rohini (P.W.3) medically examined, accused / Respondents Chiranji and Leeladhar were also medically examined. P.W.5, Dr. M. Hussain conducted postmortem examination on the dead body of deceased Sant Singh. After recording the statements of witnesses, P.W. 12, Vikram Singh (Investigating Officer) submitted charge sheet (Ext. A -24) against all the eight accused persons for their trial under Sec. 147, 148, 323 and 302 of the I.P.C. The learned Magistrate on receiving the charge sheet registered the same and after giving necessary copies to all the accused persons, committed the case to the court of Sessions. The learned Sessions Judge, after hearing the prosecution and accused persons, framed charge against the accused / Respondents namely, Ram Sahai, Chhadami, Leeladhar, Jhunda alias Bhagirath, Chiranji, Badri and Rambir of the offence punishable under Sec. 148, 302/149 and under Sec. 307/149 of the I.P.C. Charge of offence punishable under Sec. 148, 302/149 and 307/149 of the I.P.C. and that: of Sec. 25 and 27 of the Arms Act, 1959 were framed against accused / Respondent Nathu. All the accused / Respondents pleaded not guilty and claimed to be tried.

(3.) The prosecution got examined P.W.I, Constable Hoshiyar Singh (who took the dead body along with necessary papers for the postmortem examination); P.W.2, Fateh Singh (injured and informant); P.W.3, Km. Rohini alias Kukku (injured); P.W.4, Dr. S.K. Tewari (who examined the injuries of above two injured persons); P.W.5, Dr. M. Hussain (who conducted the post mortem examination of the dead body of Sant Singh and also recorded injuries on the person of accused Chiranji and Leeladhar P.W.6, Om Prakash (an eyewitness); P.W.7, Mehendra Pal Singh [witness of the preparation of inquest report and recovery memos of blood stained soil and broken glasses of the car (Ext. A -5 and Ext. A -6)]; P.W.8, Head Constable Rajmal Singh (who took the injured persons for medical examination); P.W. 9, Satnam Singh (another witness of preparation of inquest report); P.W. 10, Keshav Dutt Nainwal (a witness who deposed that Km. Rohini was a private student of High School in the year 1980 with Roll No. 1126767); P.W. 11, Cadet Sub Inspector Abdul Gani (who was posted as Head Constable on the day of incident with the police station Bazpur and prepared check report Ext. A -13 and made endorsement in the general diary, copy of extract of which is Ext. A -14 and P.W. 12, Vikram Singh (Investigating Officer). The oral and documentary evidence were put to the accused / Respondents under Sec. 313 of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C). The accused persons in their examination alleged that the evidence adduced against them was false and they have been falsely implicated in the case due to enmity. In his reply under Sec. 313 of the Code of Criminal Procedure accused / Respondent Chiranji Lal has stated that at the time of incident he was coming from the side of Gular Bhoj and Sant Singh was on his scooter. According to this accused / Respondent, it was deceased Sant Singh, who started hurling abuses at him and left the place after giving threat to see him. Soon thereafter, Sant Singh came back in his car and fired at Chiranji Lal and Leeladhar at the same place. This accused / Respondent further states that on hearing noise of fire immediately villagers rushed at the spot and they wielded laathis on the deceased. Learned Sessions Judge after going through the evidence on record found that the charges framed against the accused persons are not proved beyond reasonable doubt And as such, giving them benefit of doubt acquitted all the accused persons of the charges framed against them. Aggrieved by the judgment and order of the trial court, the State has filed this appeal against acquittal of aforesaid accused persons, with the leave of the court.