STATE OF UTTAR PRADESH Vs. DAMBAR

JUDGEMENT

(1.) The State of Uttar Pradesh has preferred this appeal against the judgment and order dated 31-3-1980 passed by Sri R. S. Agarwal, 1st Additional Sessions Judge, Aligarh in Sessions Trial No. 75 of 1979 acquitting the respondents Nos. 1 and 2 of the offences punishable under Section 302 read with Section 34, I.P.C. and Section 394, I.P.C.

(2.) The prosecution story, briefly narrated, was that Nanak Chand (21) deceased, son of Shambhu Dayal and nephew of Kalyan (P.W. 2) was tenant in a shop owned by Bihari, uncle of respondents Damber and Vinod. Bihari wanted his shop vacated and for it he was pressurising Nanak Chand deceased. Kishan, S./O. Bihari was apprehended by police prior to occurrence of this case and respondents were suspecting that he was arrested due to Nanak Chand deceased.

(3.) On the evening of 11-12-1978 at about 5.45 p.m. Nanak Chand deceased came to betel shop of Nemi Chand Gupta situate at Sarai Jawa. After taking betel he was proceeding to his house through Shroti Lal Ki Gali. When he reached inside the 'gali', the respondents surrounded him and started causing knives injuries on him. The deceased raised alarm and on his alarm his uncle Kalyan (P.W. 2), Jawahar (P.W. 3), Ramji Lal (P.W. 4) and Bhagwan Das (P.W. 6), who were standing on the road towards south of said gali rushed to the spot and observed the respondents causing knives injuries on the deceased. On their challenge the respondents ran away removing money from the pocket of the deceased. The respondents were recognised in the light of electricity.