STATE OF U.P. Vs. INDRAPAL AND OTHERS

JUDGEMENT

(1.) In Sessions trial No. 87-A of 1976 Chandrapal, Indrapal, Matadin and Ram Kumar were accused for having participated in an incident on 26-12-1975 at about 8 a.m. in which Bhola and Jagmohan died as a result of gun shot wounds inflicted by Chandrapal allegedly at the exhortation of Indrapal Matadin and Ram Kumar. These three were acquitted while Chandrapal was convict. It has been brought to the notice of the Court that Chandrapal appellant in the represented Criminal Appeal noted above was allegedly murdered by Sheo Prasad and nine others on 7 10-1983 relating to which Sessions Trial No. 61 of 1984 commenced in which all the ten accused have been convicted under Sec. 302, I.P.C. and allied Sections and sentenced to life imprisonment by the learned trial Judges' judgment order dated 30-9-1985. Against the said conviction they have filed appeal on 3-10-1985 in this Court which has been numbered as Criminal Appeal No. 2642 of 1985. For this reason the appeal of Chandrapal abates.

(2.) Coming to the Govt. appeal it may be noticed that the trial Judge has given cogent reasons in his judgment for coming to the conclusion that the three respondents Indrapal, Matadin and Ram Kumar cannot be said to have shared the common intention of Chandrapal. Consequently, the trial Judge acquitted those three of the charge under Sec. 302/34, I.P.C.

(3.) It is notable that according to the prosecution allegations Indrapal and Ram Kumar respondents were armed with lathis and Matadin respondent was armed with a pistol. None of them used their weapons. When Sheo Baran had reached where Bhola had been surrounded the three respondents allegedly exhorted Chandrapal to fire. On this point the statement of P. W. 1, Motilal is "what are you doing ? Now the enemies have come at the right place." There is no mention in his statement that on this exhortation the accused had to shoot. P. W. 2 Sheo Baran has stated that the witnesses had surrounded Rajabhaya near the pond. He also does not say anything more but then the case rests only on the testimony of P. W. 3 Rajabhaiya and P. W. 4 Sharda who say that the three respondents exhorted Chandrapal to shoot the complainant.