STATE OF UTTAR PRADESH Vs. ACHHAIBAR

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the State as also the learned counsel for the respondents.

(2.) IN the light of the report submitted by the Court that the respondent no. 3 Sampurna had turned insane and was wandering around aimlessly, this court had, by its order dated 21.03.2012, directed the Superintendent of Police, Deoria to ensure the compliance of this Court's order as regards affecting arrest of accused Sampurna and Nagesh. The police has produced before us accused Sampurna and we are fully satisfied that the report may not be untrue. The submission before us also was that his own uncle and family members have also abandoned him and he was completely at the mercy of the Almighty or at the mercy of law on account of this appeal having been admitted. Under the special circumstances, obtained herein, we decided to hear the present appeal on its merits in spite of the fact that one of the respondents Nagesh is still at large.

(3.) THE prosecution examined as many as seven witnesses out of whom P.Ws. 5 and 7 were official witnesses. On consideration of the evidence the court below found that the accused persons had also been injured in the same fight and there was no explanation coming from the prosecution regard their injury. This we find from the findings recorded by the court below at page 6 of the judgment. Moreover, the court below also considered that there was some story developed during the trial that some of the accused persons had set fire to some of the articles, like, a cot and a bicycle but those allegations were non- specific. Besides, the court below was of the view that in fact the dispute had arisen on the use of a particular well and the motive of the accused persons was not to allow the informant to draw water from it, which was completely false, inasmuch as the investigating officer had found the well filled with cement, sand and bricks. Thus what the court below found was that the prosecution had not come out with clean hands and appeared to be guilty of suppressing the true manner of occurrence. On perusal of the impugned judgment we find that the view taken by the court below was also a reasonable view and as such, the appeal appears of no merit and the same stands dismissed. THE order of acquittal passed by the learned trial Judge is hereby upheld. THE accused persons against whom the warrant of arrest was directed to be issued, shall not be arrested and the police shall not execute the warrant of arrest if any court has issued in connection with the present appeal. If any accused had appeared and furnish bond pursuant to the directions of the court then in that case, they shall stand discharged from the liabilities of their respective bonds. THE constable Sri Jawahar Singh Yadav, who has produced Sampurna is directed to take Sri Sampurna into his custody and hand him over to his family members safely.