STATE OF U.P. Vs. PHOOL SINGH

JUDGEMENT

(1.) Heard Ms. Nand Prabha Shukla, learned A.G.A. for the State and Sri Apoorv Tiwari and Sri Raj Kumar Yadav, Advocates, the learned Counsel for the accused-respondent Nos. 2, 3 and 5.

(2.) By means of the instant appeal filed under Sec. 378 of Cr.P.C., the State has challenged the judgment and order dtd. 30/4/1984 passed by the Special Judge (Additional Sessions Judge), Agra in Sessions Trial No. 51 of 1982 under Ss. 148, 307/149, 302/149 IPC, Police Station Fatehpur Sikri, District Agra whereby the accused-respondent Nos. 1 to 6 have been acquitted from all the charges.

(3.) The prosecution case is that the accused persons are residents of Village Baseri Chahar and the house of the accused Phool Singh son of Patiram (the respondent No. 1) is situated opposite the house of Sukh Singh, the informant of the case. Giriraj Singh is the brother-in-law of Fauran Singh - who is the elder brother of Phool Singh and Giriraj Singh lives with Phool Singh. The respondent Nos. 2 and 3 are nephews of the respondent No. 1, the respondent No. 4 is a relative of the respondent No. 1 and the respondent Nos. 5 and 6 are friends of the respondent No. 1. Giriraj Singh and Phool Singh used to indulge in indecent talks, looking at the ladies of the informant's house. On 20/6/1981 the informant had objected to it. Upon this Giriraj Singh and Phool Singh abused the informant. Member Singh s/o Devi Ram who is related to the informant like a brother, also objected to the activities of Giriraj Singh and Phool Singh. Upon this, the aforesaid persons left the place and Giriraj Singh said that at that time he was short of man power and he will settle the score with the informant. On the next day i.e. on 21/6/1981, when the informant was lying down in front of his house, Phuli, Giriraj and Fateh Singh armed with single barrel guns and Virendra, Sher Singh, Malkhan and Brijendra armed with country made pistols gathered in front of Phuli's house. They charged towards the informant's house. Upon hearing the commotion, Ramshri wife of Nirpat-cousin of the informant and Balbiri wife of Shivram, another cousin of the informant, came there. The accused-persons started firing. The informant took shelter of a wall and the pellets of gun-shots hit Balbiri and Ramshri and also the wall behind which the informant was taking shelter. Upon hearing the noise, some other persons came there and asked the accused-persons not to do so, as it will result in loss of lives of the people. The accused-persons started firing on those people also, due to which pellets hit Phool Singh s/o Jorawar Singh, Sobaran s/o Dilip Singh, Chhiddi s/o Devjeet, Panna s/o Manphool and Lakhan s/o Jogdar. After this, seven accused persons ran away towards south of Phuli's house. After sometime, the police guard posted in the village came there.