STATE OF U P Vs. RAM SAKAL YADAV

JUDGEMENT

(1.) This application for leave to appeal has been filed against the judgment and order dated 22.6.2004 passed by Additional Sessions Judge / F.T.C. No.5, Ghazipur acquitting the accused-respondents Ram Sakal Yadav and Kuber Yadav in Sessions Trial No.129 of 2002 under section 302/34 IPC and Sessions Trial No. 215 of 2002 against Kuber Yadav under section 25 Arms Act, P.S. Karimuddinpur, District Ghazipur.

(2.) The incident took place on 5.3.2002 at about 9:00 P.M. in village Gandhpa near the field of Kamla Yadav. F.I.R. was lodged by the complainant Bhola Yadav (P.W.1) at P.S. Karimuddinpur on 6.3.2002 at 8:05 A.M.

(3.) The prosecution case, as contained in the F.I.R., is that the complainant, the accused and the deceased are closely related. There was property dispute between them. On 5.3.2002 at about 9:00 P.M., the deceased Kashi Nath accompanied by the complainant Bhola Yadav (P.W.1) and his mother Smt. Gagi (P.W.8) was going towards his field for thrashing of the paddy crop. As soon as they reached near the field of Kamla Yadav, the accused Ram Sakal Yadav, his son Kuber Yadav and Umesh Yadav assaulted Kashi Nath. Kuber Yadav fired at the deceasedcausing injuries and Umesh Yadav gave axe blow. Kashi Nath died on spot. Due to fear, F.I.R. was lodged in the next morning.