STATE OF U P Vs. NEELU

JUDGEMENT

(1.) THIS is a Government Appeal against the judgment and order of Sri G. C. Mogha, I Additional Sessions Judge Meerut dated 5-10-78 acquitting the respondents Neelu, Kalu, Babu and Mahraj Singh in respect of the charge under section 302 of the Indian Penal Code in the Sessions Trial No. 2/78. Neelu respondent died during the pendency of the appeal and as such it has abated against him

(2.) THE respondents Neelu and Kalu were brothers. Babu is their sister's son and Mahraj is the brother in law of Neelu. the complainant Mehkar Singh is the uncle of Neelu and Kalu. Mehkar Singh and his son Lakshman deceased were not agreeable to permit the respondents Neelu and Kalu and their father Sri Ram to irrigate from a tube-well which they claimed to be theirs exclusively. THE latter asserted that it belonged to them jointly more so as its electric connection was in their joint name. THE strained feelings led to an incident resulting in injuries. Laxman Mehkar Singh, Ram Jeet, Jai Karan and the wife of Mehkar were being prosecuted by Sri Ram in respect of it. On 27-9-77, the prosecution witnesses and been examined in this case. At the time of the incident not only hat criminal case was going on but proceedings for partition had also been initiated by the complainant where in Sri Ram, the father of the respondents Neelu and Kalu, had filed objection.

(3.) THE dead body was despatched to the head quarters for post mortem examination. It is shown in the challan of the - dead body to have reached the head quarters at 10 P.M. THE distance of the head quarters from the place of incident is mentioned to be 15 K.Ms.