STATE OF U.P. Vs. LAXMI

JUDGEMENT

(1.) Heard Shri Ajit Ray, Learned A.G.A. for the State-appellant and Shri Kameshwar Singh, learned counsel for the respondent.

(2.) The instant appeal has been filed by the State against the impugned judgment and order dtd. 30/7/1985 passed by Sessions Judge, Banda by which accused-respondents Lakshmi, Ram Swaroop and Deoraj have been acquitted from the charge of offence punishable under Ss. 302/34 I.P.C. in Sessions Trial No. 291 of 1985 (State vs. Lakshmi and others), arising out of Case Crime No. 58 of 1985, under Sec. 302 I.P.C., Police Station- Bisanda, District- Banda.

(3.) Brief facts of the case are that first information report was lodged by the PW1 Chandra Bhushan, father of the deceased, on 28/2/1985 at 20:30 P.M. at Police Station Bisanda, District- Banda on the basis of written complaint (Ext.Ka.1) alleging therein that about 8-10 days' before his son Kuldeep Chandra had gone to see his field Chak no. 86 where he found that wife of accused Laxmi was uprooting gram crop in his field, thereupon, his son scolded her. Thereafter, the wife of accused Laxmi told at her house that Kuldeep Chandra insulted her. Then the accused Laxmi and others came to the informant and told him that his son has insulted his wife. On 28/2/1985 the informant was returning from Banda after getting her wife Asha Devi (PW4) treated and was going from village Murwal to his village Milathu by bullock cart which was being driven by his son Kuldeep Chandra and his wife was lying in the bullock cart. Informant Chandra Bhushan, Sukhdev son of Ram Sewak (not examined) and Arimardan (PW3) son of Sadhu were following the bullock cart. When his bullock cart covered a distance of 1 km from village Palhri and reached near Lalwa Devra towards Milathu at about 4:30 PM, then the assailants namely Laxmi, armed with single barrel gun, Ram Swaroop armed with double barrel gun and Deoraj armed with 12 bore gun ambushed in the field stopped the bullock cart and all the accused persons opened fire upon his son who sustained injury and fell down on the ground from the bullock cart and pellets injury was also sustained by the bullocks. On being challenged the accused persons fled from the place of occurrence towards the North after committing murder of his son Kuldeep Chandra. The villagers of village Palhri and Milathu also reached at the place of occurrence.