STATE OF UTTAR PRADESH Vs. BIKRAMA KANDU

JUDGEMENT

(1.) This appeal has been preferred by the State of U.P. against the order of acquittal dated 12-5-1979 passed in S.T. No. 275 of 1978 by Sri Ruri Mal, Sessions Judge, Ghazipur. By the aforesaid judgment the accused persons, viz. Bikarama Kandu, Rajendra Singh, Ramesh Rai, Sudhir Rai and Bijay Bahadur Rai, were acquitted of the offence punishable under Sections 148 and 302 read with Section 149, I.P.C.

(2.) We have heard Sri A. K. Dwivedi, learned A.G.A. on behalf of the State and Sri R. P. Yadav holding brief of Sri C. K. Rai, learned Counsel for the respondents.

(3.) The brief facts giving rise to this appeal are as under : The complainant Shambhoo Nath Sinha (P.W.1) is resident of village Karimuddinpur. He is a Homeopathic Practitioner. His Homeopathic Clinic is situated in the Bazar of the village. In the vicinity of the Clinic of complainant there were several shops on either side of the road. The residential premise of the complainant/informant was also there at some distance from his Clinic. The house of accused Bikrama Kandu is to the south of the informant's Clinic. Another house of this accused is towards the north of the complainant/informant's Clinic. Accused Bijay Bahadur Rai is also resident of the same village. 3A. On 14-8-1978 at about 12.00 noon when the informant, Dr. Shambhoo Nath Sinha (P.W.1) was at his residential house, his son deceased Virendra Nath Sinha was present at his Clinic. At that time all the five abovesaid accused arrived at the scene of occurrence with a common object to fix an electric pole in the compound lying in front of the informant's Clinic. The compound belonged to the informant. As soon as the digging of a pit for the abovesaid purpose commenced, Virendra Nath Sinha arrived at the scene of occurrence and resisted the activity of the accused persons. Despite the objections, the accused persons continued with the digging of the pit. They rather asserted that the pit will be dug at that very place and the pole will also be got fixed. Virendra Nath Sinha retorted and told them that he would not allow the electric pole to be fixed in his compound. An exhortation to the other accused was given by accused Bikarama Kandu to kill Virendra Nath Sinha. In the consequence all the five accused persons started assaulting Virendra Nath with their respective weapons. Virendra Nath ran back towards the Clinic and lodged himself inside by bolting it from within on the western main roadside. These accused persons entered the Clinic through its southern door and started assaulting Virendra Nath there. Virendra Nath ran towards the northern room through the intervening door, but he was chased and also assaulted there. He was done to death in the northern room.