STATE OF UTTAR PRADESH Vs. PREM PAL JATAV

JUDGEMENT

(1.) THE present Government Appeal has been filed by the State against the judgement and order dated 26 -04 -2004 passed by Shri R. P. Sharma, Additional Sessions Judge (Court No.3), Firozabad in S.T. No. 230 of 2001 (State of U.P. Vs. Prem Pal) by which the accused -respondent has been acquitted for offence under Section 302 I.P.C., Police Station Linepar, District Firozabad arising out of the Case No. 132 of 1999.

(2.) THE brief facts giving rise of the case are that on 18 -09 -1999 at about 8:15 p.m., Gopi Ram father of the complainant after taking his meal left for sleeping at the tube well. On his way near Hodi (Kundi), two persons intercepted his father and told him that "KYAON BE Tu GAON MAIN BAHUT NETA GIRI KARTA HAIN" on which the complainant's father said that it is not correct on which the two persons who were armed with country made pistol started beating his father with the butt of country made pistol and dragged him to a near by field. It is further stated that the father of the complainant recognized that one of the two persons was Prem Pal son of Gajadhar of his village whom he knew from before and his father enquired why they are beating him on which accused -respondent Prem Pal with his companion whom the complainant's father did not know said that the complainant's father had recognized Prem Pal on which both the accused shot with their country made pistol by which his father was injured and fell on the ground.

(3.) THE injured Gopi Ram was medically examined on 19 -09 -1999 at 1:00 a.m. at District Hospital, Firozabad by P.W. -10 Dr. S.C. Gupta on 20 -09 -1999. A supplementary report of Gopi Ram was prepared by Dr. S.C. Gupta and the Doctor opined that the injury was of fire arm. As the condition of injured Gopi Ram deteriorated, he was referred to S.N. Medical College, Agra where he died on 03 -10 -1999 at about 10:15 a.m. The post mortem of deceased Gopi Ram was conducted on 22 -09 -1999 at 4:30 p.m. The cause of death was due to injury sustained as was opined by the Dr. P. K. Sharma, P.W.3. After the post mortem of the deceased, the case was converted from Section 307 I.P.C. to Section 302 I.P.C. on 03 -10 -1999 by the police.