STATE OF U. P. Vs. BALRAM SINGH

JUDGEMENT

(1.) Challenge in this appeal u/s 378 of code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) is made to the judgment and order dtd. 29/8/2018 passed by Second Special Judge/Additional District and Sessions Judge, Hamirpur in Session Trial No. 128/1997 (State of U.P. Vs. Balram Singh and 2 others) u/s 302, 323, 504, 506 IPC read with Sec. 3(2)5 SC/ST Act, P.S. Khanna, District Hamirpur in Case Crime No. 141/1997 as well as Session Trial No. 143/1997 (State of U.P. Vs. Khalbhaliya) in Case Crime No. 148/1997, u/s 25 Arms Act, P.S. Khanna, District Hamirpur acquitting the accused herein.

(2.) Brief facts of the case so unfolded by the prosecution are to the effect that the informant Dully Chand S/o Kamtu R/o Village Akbai,Police Station Khanna, District Hamirpur claimed to be of Dhobi caste and according to the prosecution theory he along with his brother Moolchand, Shiv Narain, Chunna has proceeded towards the southern portion of the village near a pond for answering nature's call on fateful day i.e. 27/4/1997 at 5-6 in the evening and when they were crossing towards the outer portion of the pond then the accused who were three in number one of them being village Pradhan Balram Singh jointly obstructed movement of the aforesaid persons and directed the complainant fraction to do fishing work for them and when the complainant fraction exhibited their resistance then the accused fraction hurled abuses and threatened them that the complainant fraction will not be tolerated in the village and they will be ousted. Suddenly, when Mool Chand (since deceased) protested then the accused Balram Singh took out his rifle and the accused Khalbalia also took out single bore rifle and deceased Chuttan took out his double bore rifle and fired upon Mool Chand who fell down. It is further alleged that Shiv Charan tried to safe then with the rifle butt he was given a blow and he sustained injuries and thereafter the complainant fraction being Dully Chand, Shiv Narain and Chunna ran away from the site and went to their respective houses and after taking all necessary precautions regarding their life they stayed in their house in the night and they submitted a written report before the police station in the next morning.

(3.) Consequent to the submission of the written report, FIR was lodged in Police Station Khanna, Hamirpur on the next day i.e. 28/4/1997 at 08:30 am u/s 302, 323, 504, 506 IPC read with Sec. 3(2)5 SC/ST Act. As per the prosecution, recovery was also sought to be made of the rifle which was made the basis of commission of crime and three numbers of cartridges were also found so a FIR u/s 25 Arms Act was also lodged.