AYUB Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri G.S. Chaturvedi, learned Senior counsel for the appellants and the learned A.G.A. for the State. This Criminal Appeal arises from the judgement of the Additional Sessions Judge, Court No. 2, (Special Judge, D.A.A.), Banda, dated 27.9.2006.

(2.) THE prosecution case mentioned in the F.I.R., which was lodged at 9.20 p.m. on 9.8.1991, by Constable Surendra Singh, P.W. 4 at P.S. Tendwari was that the informant and Constable Gopal Yadav were doing picketing duty regarding the movement of trucks at a school situate near Semari Nala. At about 8 p.m., two empty trucks came from the direction of Banda. THE informant and Constable Gopal Yadav asked the two trucks to proceed after making a convoy for the sake of security, but the two trucks drivers did not heed the prayer, but kept on proceeding, whilst looking in the direction of the police personnel on duty. THE deceased Constable Gopal then approached the truck from the western side and flashed his torch and tried to stop the trucks, but the trucks did not heed his request. THE truck occupants refused to stop the truck. THE driver asked the four persons who were sitting in the rear truck to pull the 'sala' inside and to kill him. THEn they pulled Constable Gopal inside and the truck rapidly rushed towards Tenduwari. THE informant and one other Constable chased the truck. About 2 or 3 furlongs away, they found Constable Gopal's corpse lying on the road, where he had been thrown after being murdered. His uniform etc. was torn, but his rifle was missing. THE miscreants had fled with his rifle, and the cartridges in its magazine. THE truck driver and their companions were said to have been recognized in the cabin light and in the torch light flashed by the witnesses, but because there was slush and mud due to rains, the truck number could not be identified. THE informant then proceeded to the police station leaving Gopal in a half dead condition alongwith Home Guard Bhagirath, P.W.1.

(3.) THE prosecution has examined P.W. 1 Home Guard Bhagirath, P.W. 2 Dr. M.L.Anandani, P.W.3H.C.P. HarGovind Singh, P.W. 4 Retired Constable Surendra Singh, P.W. 5 S.I. Ram Swaroop and P.W. 6 Constable Jairam Prajapati.