STATE OF U.P. Vs. KRISHNADEO

JUDGEMENT

(1.) Heard Sri Patanjali Shukla, learned A.G.A. for the State and Sri Satya Prakash Shukla, learned counsel for respondents perused the record.

(2.) This appeal under Sec. 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dtd. 28/4/1984 passed by Sessions Judge, Mirzapur acquitting accused-respondents who have been tried for commission of offence under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') read with Sec. 149 in Sessions Trial No.66 of 1983.

(3.) Brief facts as culled out from the record are that the evidence of Ramakant ( PW-1) brother of the deceased, is that while his brother, Nageshwar Chaubey, was coming from Semariya to Charkonava and had reached near the road culvert, Krishnadeo alias Jhala, accused, who was lying in ambush alongwith other accused on the northern side of the road, fired a shot on Nageshwar Chaubey, which struck him (Nageshwar Chaubey) in his leg. Rama Kant, Vishwanath, Baggar, Ram Subhag, Ram Prasad and Alagudeo alias Raj Narain were accompanying Nageshwar Chaubey at that time, having lathis in their hands. They started running towards west and stationed themselves after crossing the road culvert. As Nageshwar Chaubey had suffered gun shot injury in his leg, he could not run fast. Krishna Deo, Kailash Deo, Harish Chandra Deo and Bachchan, accused, were seen chasing Nageshwar Chaubey firing shots from their guns. The other accused were also giving a chase to Nageshwar Chaubey, who fell down at a distance of about 80 paces from the culvert towards west as a result of the injuries suffered by him. Thereupon, Dukhran accused, hit him with gandasi a sharp cutting weapon, and Budhiram, accused, took out a hand bomb from his jhola and hurled it towards the persons, who had moved ahead and had kept themselves cancelled in the forest. The bomb exploded and produced a loud sound and smoke. Budhiram, accused, then took the rifle of the deceased and thereafter, all the accused fled away in the jungle. Ram Kant and others then came to the place where Nageshwar was lying in pool of blood. It was found that the life had ebbed out as a result of the injuries caused on his person. Long standing enmity is said to be the motive for ending the life of Nageshwar Chaubey .