STATE OF U P Vs. RAM AJOREY

JUDGEMENT

(1.) The State has preferred this appeal against the judgment dated 27-7-1978 acquitting all the above named respondents under S.302/34, I.P.C. passed by Sri. G.S.N. Tripathi, the then Addl. Sessions Judge, Basti.

(2.) To appreciate the facts of the case the following pedigree as quoted in the judgment would be of help. P.W. 1 Smt. Dhauraji alias Prema alleging herself to be the wife of Mewa Lal (deceased) lodged an oral F.I.R. at P. S. Dumariaganj, District Basti on 1-3-1978 at about 2 P.M. in the night along with village Chaukidar Dukkhi and others and accused-respondent Jai Ram had also been taken having been apprehended on the spot. According to Smt. Dhanraji Ram Ajorey had filed a case against her husband and for that he had been coming to him for the last 3-4 days prior to the incident to compromise; that on 28-2-1978 at about sun-set Ram Ajorey armed with a Lathi came to his house and asked Mewa Lal to accompany him to the field saying that tomorrow there was date before Deputy Saheb. When her husband along with Ram Ajorey reached besides the field of Mangroo Ahir, Jai Ram accompanied Ram Ajorey along with his son-in-law Jawahar. Both of them were also armed with Lathis and when they reached the field. Ram Ajorey said that he could bring Mewa Lal with difficulty. After killing her he would settle the dispute finally and then all the three of them attacked Mewa Lal with Lathis. On hearing the cries Mangroo,Ghisa and Ibrahim also arrived there from the nearby fields. The three assailants escaped towards south, but Jai Ram was caught. Her husband died on the way to the police station on the bullock-cart. On the basis of the F.I.R. case was registered under S. 302, I.P.C. Investigation of the case was entrusted to P.W. 7, S.I. Sita Ram Yadava, who started the investigation from 3.05 a.m. and recorded the statements of the complainant Smt. Dhanraji, Dukkhi Chaukidar and Jai Ram accused and in the morning he prepared inquest report and sent the dead-body for postmortem and after investigation of the case submitted chargesheet. At the trial the three respondents are charged under S. 302 read with S. 34, I.P.C.

(3.) To prove its case prosecution examined seven witnesses of whom P.W. 1 Smt. Dhanraji alias Prema is the alleged widow of the deceased, P.W.2 Mangroo and P.W 5 Ghisa are the other two eye-witnesses and they corroborated the prosecution story. P W 4 Head Constable Sadhu Tiwari proved the F.I. R. written by him and the entries in the G.D. regarding registration of the case. P.W. 3 had taken the dead-body for postmortem. P.W. 6 Dr. J. N. L. Srivastava had done the autopsy on the dead-body of the deceased on 1-3-1978 at 3.30 p.m. and proved the postmortem report (Ex. Ka. 10) according to which he noted as follows Ante-Mortem Injuries