STATE OF U.P. Vs. CHHOTI

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment and order dated 01.01.1982, passed by 3rd Additional District and Sessions Judge, Sitapur in Sessions Trial No.382/1979 (State vs. Smt. Chhoti and others), arising out of Case Crime No.60/1977, under Sections-302 read with 34 and 201 I.P.C., Police Station (P.S.)-Kamlapur, District-Sitapur, whereby the respondents-accused (hereinafter referred to as respondents)- Smt. Chhoti and Ram Swarup have been acquitted by the Trial Court from the charges of offence under Sections-302 read with 34 and Section 201 I.P.C.

(2.) During pendency of the appeal, respondent no.1-Smt. Chhoti had died and the present appeal, filed against her, has been abated by this Court vide order dated 24.01.2020.

(3.) The prosecution case, in brief, is that the deceased-Jaswant Singh (hereinafter referred to as deceased) was brother of Jagdish (P.W.-1) (informant). Jagdish Singh (P.W.-1) is resident of village-Kumharanpurwa, P. S.-Kamlapur, District-Sitapur. Babu Ram (P.W.-3), Bachan (P.W.-5) and Mool Chand (P.W.-6) are co-villagers of Jagdish Singh (P.W.-1). The deceased and one Shyam Lal resident of village-Dalelnagar, P.S.- Kamlapur, District-Sitapur, since deceased during committal proceeding, (hereinafter referred to as co-accused-Shyam Lal) were inimical for last two years from the incident as they had quarreled in respect to the irrigation of their field, due to which, the co-accused-Shyam Lal was in search of opportunity to eliminate the deceased. For last one month, the co-accused-Shyam Lal was trying to have friendly relations with the deceased, whereupon the informant (P.W.-1) had warned the deceased that he would not have confidence of co-accused-Shyam Lal as he was a notorious criminal. In addition to it, there was an estrange relationship between the respondent-Ram Swarup and deceased due to dispute regarding a grove between one Saktu and the respondent-Ram Swarup wherein the deceased was supporting the cause of Saktu and Barati Pasi, who were estranged from the respondent-Ram Swarup.