STATE OF UTTAR PRADESH Vs. ABIMANYU ABHIMAN SINGH

JUDGEMENT

(1.) This Government appeal is directed against the judgment and order dated 13-9-1985 passed by Sri Tirtha Raj, IInd Addl. Sessions Judge, Banda in S.T. Nos. 10 and 511 of 1984 whereby the learned trial Court having given the benefit of doubt to the respondents-accused has acquitted them of the charges under S.148, S.302, I.P.C. read with S. 149, I.P.C. and 307, I.P.C. read with S. 149, I.P.C.

(2.) The place of occurrence is village Piprahiya, which lies five kms to the south of the Police Station, Pailani.

(3.) The prosecution case, in short, is that on 19-8-1982 around 8.00 a.m. deceased-Raj Bahadur Singh accompanied by his mother P.W. 2 Smt. Surswatia was going to the well lying at about 55 paces to the south west of his house to take bath. He was two paces ahead of his mother. When he had settled hardly a distance of 15 paces from his house it is said that the respondent along with one Angad (since absconding) reached there and on the extortion of respondent-Ram Singh, Ram Singh himself and Angad opened fired on the deceased rest of the respondents too followed the suit. The shots fired by Angad hit the deceased and he fell down. The mother of the deceased,who was a few steps behind him rushed to his rescue, but she too sustained bullet injury. Her cry attracted her husband P.W. 1 Rameshwar Singh, P.W. 3 Man Singh alias Kallu Singh, her grand son and one Ramdeo Singh, who were sitting on the Chabutra to the north west of the house of the informant P.W. 1 Rameshwar Singh. Some other persons of the village two were also attracted on the scene of the incident on hearing the cries, whereupon the accused retrated from the scene of incident firing indiscriminately. After the incident P.W. 1 Rameshwar Singh got the written report of the occurrence scribed by Ramdeo Singh and proceeded to the Police Station Pailani where he made over the written F.I.R. Ext. Ka-1 there on the basis of which a case at crime No. 81 under Ss. 147/148/149/302/307, I.P.C. was registered against the respondents and one Angad. Sub-Inspector Sri Lakhan Lal, who at the time of registration of the case was present at the Police Station took up the investigation of the case and proceeded to the spot. He prepared inquest report and after sealing the dead body sent it to District Head Quarter, Banda through Constable Shiv Narain P.W. 6 for its post-mortem examination. P.W. 5 Dr. Vikash Chandra, who was then posted as Medical Officer in Medical Care Unit, Banda conducted the post-mortem examination of the deceased at 3.00 p.m. on 20-8-1982.