STATE OF U P Vs. ANI RAJ

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment and order dated 29 -8 -91 passed by Sri Phool Singh, the then 1st Addl. Sessions Judge, Meerut in Sessions Trial No. 364 of 1988 whereby two accused arrayed as opposite parties in this appeal, namely, Ani Raj and Ved Pal were acquitted of the charge framed against them under Section 302, l.P.C. for the murder of one Anil Kumar. The appeal had earlier been dismissed by a Division Bench of this Court by order dated 13 -1 -97. The State went in special appeal before the Supreme Court and by order dated 13 -7 -97 the Apex Court allowed theappealoftheStateandsctasidetheorder of this Court dismissing the appeal in limine. It was directed that this Court would grant leave, this admit this appeal and would then decide it on merits. In consequence of such order of the Supreme Court, the appeal was admitted on 21 -5 -97. It was now been heard on merits.

(2.) THE incident took place on 15 -7 -88 at about to 10 a.m. in village Madarpura, Police Station Sardhana, District Meerut. One Anil Kumar son of Sheo Lal was murdered in this incident and the report was lodged at the concerned Police Station by his uncle Mehar Chand PW1 at 11 a.m. The distance of the Police Station from the place of occurrence was about 8 kms. The case of the prosecution as per the first information report and evidence adduced in the Court, was that on the fateful day and time Anil Kumar was going to the northern side of the village through Kharanja way (brick lavement) to answer the call of nature. When he reached in front of the houses of Waheed Fakir and Khacheru, the present two accused -op ­posite parties Ani Raj and Ved Pal together with Shri Pal appeared there with country made pistol in their hands and all of them opened fire on Anil Kumar. He fell down and died at the spot. At the time of incident Mehar Chand PW 1, his brother Tika Ram and sister -in -law Tilko were present in front of their house and witnessed the incident. The accused -opposite parties made their escape good towards the jungle in the northern side. It was also disclosed in the first information report that there was old enmity and litigation between the two sides and it was for this reason that Anil Kumarwas murdered.

(3.) ON lodging of the First Informa ­tion Report by Mehar Chand, a case under Section 302, I.P.C. was registered by H.C. Ram Saran Sharma PW 5 and investiga ­tion followed which was taken up by S.I. Kripal Singh Shishodia PW 3. He proceeded to the spot and busied himself in the investigation of the case by prepar ­ing the panchayatnama of the dead -body on the deceased and other relevant papers. He inspected the spot and took in his possession blood stained and simple pieces of brick pavement where the inci ­dent had taken place. The dead -body of the deceased, after being sealed, was sent for post -mortem through Constable Kamal Singh and Constable Ran Singh PW 4. The post - mortem over the dead -body was conducted by Dr. P.N. Khanna PW 6 on 16 -7 -88 at 1 p.m. The outcome of the post -mortem may be set forth. The deceased was aged about 25 years and about one day had passed since he died. The following ante -mortem injuries were found on his person: