STATE OF U P Vs. SURENDRA SINGH TRIPATHI

JUDGEMENT

(1.) -This Government appeal is filed against the judgment and order dated 22.5.1990 of Sri R. S. Pandey, Additional Sessions Judge, Karvi, district Banda, whereby the accused respondents 1 to 10 have been acquitted of the offences punishable under Sections 147, 148, 302, 325, 323 and 149, I.P.C.

(2.) ACCORDING to the prosecution case, an incident occurred at about 8 a.m. 4.7.1980 in the field of the complainant, Anurudh Kumar wherein Juguntha was shot dead and Anurudh Rastogi, his brother, Arun Kumar Rastogi, Hari Mohan (Halwaha) and Jagdish Prasad, father of Anurudh Kumar sustained blunt object injuries. Surendra Singh, respondent No. 1 is said to be armed with a 'pharsa', respondent Dinesh Singh with a double barrel gun, Manrakhan Singh with a single barrel gun and the rest of the accused respondents with lathi. It is alleged that all these 10 persons forming an unlawful assembly came at the field of Smt. Prema Devi Rastogi, mother of Anurudh Kumar, where Anurudh along with his brother Arun Kumar Rastogi, father Jagdish Prasad and 7 ploughmen were present and were ploughing the field since 6 a.m. Accused Surendra Singh asked Jagdish Prasad to stop ploughing the land as he was in possession since long but when the complainant party did not desist, the accused persons started assaulting the complainant party with their respective weapons. Dinesh Singh is said to have fired upon Juguntha (Halwaha) causing him one fire-arm injury on his chest which resulted in his instantaneous death.

(3.) ON the same day, Dr. R. K. Ram, P.W. 4 medically examined Jagdish Prasad, Anurudh Kumar, Arun Kumar Rastogi and Hari Mohan at Primary Health Centre, Mau.