STATE Vs. PARYAG AND OTHERS

JUDGEMENT

(1.) This Government Appeal has been filed by State of U.P. against the acquittal of seven respondents of charges under Sections 147, 148, 307/149 and 302/149 I.P.C. passed by Additional District Sessions Judge, Saharanpur on 27-5-1977 in Sessions Trial No. 332 of 1976. According to the prosecution case on 18-5-1976 at about 9-00 a.m. Goverdhan was brooming the land which he had purchased, while Jhandu, Lachchi and Soma were sitting in Lachchi's Baithak, when Prayag armed with Gandasa, Soma armed with spear and rest of the accused armed with lathis reached there and began to assault Goverdhan with their weapons, Soma, Lachchi and Jhandu rushed to save Goverdhan, but they were also beaten. Goverdhan died on the spot while the 66 others received injuries. A first information report about the incident was lodged by Rati Ram. The post-mortem examination of the dead body was conducted by Dr. S.N. Bose. The injured were also examined by Dr. M. D. Sharma. The Investigating Officer Satendra Pal Singh visited the spot, made necessary memorandum and then filed a charge-sheet against the accused. The defence of the respondents was that the incident had not happened as alleged by the prosecution, inasmuch as three of the accused/respondents proved their injuries examined by Dr. M. D. Sharma, P. W. 1. They also examined two other witnesses in defence and one also proved the sending of the report by way of counter report to the S. P. and other authorities and the other namely Himmat, who described the defence version. The learned Trial Judge after considering the entire evidence on record came to the conclusion that the prosecution case is not proved. In coming to the conclusion the learned Judge recorded the following findings of fact :