STATE OF U P Vs. RAM CHANDRA

JUDGEMENT

(1.) State has preferred this appeal against the order of acquittal, dated 8-8-78, passed by Sri G. D. Chaturvedi, the then Additional Sessions Judge, Jaunpur, acquitting the abovenamed respondents u/ Ss. 302 and 307 both read with S. 34, IPC.

(2.) The facts leading to the prosecution of the respondents in the present case were that an incident had taken place on 20-7-71 at about 6.00 p.m. in front of Bhola Temple in village Dhania Mau, police station Baksha, district Jaunpur where a Mela was being held and at that time Deoraj and Deo Narain after getting down from the Bus proceeded for Darshan towards the Bhola Temple where at that time Bansraj, the complainant, Raghunath and Raj Narain, the two deceased, were present near the temple. After a few minutes Ram Chandra, Moti Lal and Jagat Niwas also reached there. Ram Chandra and Moti Lal were armed with knives and Jagar Niwas with a Karauli and at the instigation of Moti Lal, Jagat Niwas gave a Karauli blow to Deo Narain and Ram Chandra gave knife blows to Deo Raj. When Raghunath and Raj Narain, intervened, Ram Chandra gave knife blows to Raj Narain and Moti Lal to Raghunath. Both Raghu Nath and Raj Narain fell down dead at the spot. Immediately thereafter, a truck arrived at the place of occurrence wherein Bansraj carried the injured and the deceased to police station Baksha and submitted there a written report Ext. Ka 1 at 6-45 p. m., on the basis of which a case was registered. The two injured were sent to Hospital at Jaunpur. Deo Raj and Deo Narain were medically examined. After investigation, the respondents were charge sheeted and tried.

(3.) At the trial the prosecution examined in all 17 witnesses of whom P.W. 4 Bansraj complainant P.W. 2 Deo Narain, P.W. 3 Deo Raj, the two injured, and P.W. 5 Shobhnath are the eye witnesses of the occurrence. P.W. 1 Dr. G. C. Sharma had examined the injured Deo Narain and Deo Raj at the District Hospital, Jaunpur on 20-7-71 at 8-15 and 8-30 p.m. and noted the follwing injuries on their persons:- Injuries of Deo Raj vide Ext. Ka 6