STATE OF U P Vs. TEJ SINGH

JUDGEMENT

(1.) The learned Sessions Judge Etawah acquired Tej Singh, Rajjan and Ashok respondents of the charges under section 302/34, I.P.C. vide judgment dated 4.4.1979. This government appeal has been filed against that judgment

(2.) The prosecution story as narrated in the First Information Report lodged by Shambhu Narain Tripathi was that while complainant was going with his nephew Govind Narain Tripathi at about 5 p.m. and when they reached in front of the house of Mahmood Khan, they heard alarm being raised. They reached the place of occurrence and saw respondents Tej Singh, and one unknown person assaulting complainants brother Ram Bharose Lal Tripathi with knife. The complainant and his nephew raised alarm. Whereupon both the assailants allegedly ran away. When the complainant reached near his brother he found him dead. The First Information Report was lodged on 14.11.1977 at 5.30 p.m. The usual investigation ensued. The dead body of Ram Bharose Lal Tripathi was sent for post-mortem and the doctor who conducted the post-mortem examination found 14 ante-mortem injuries on his body, which were punctured and incised wounds. The death was due to shock and haemorrhage as a result of the said injuries.

(3.) After investigation chargesheet was submitted against four persons namely the three respondents and one Satya Narain. However Satya Narain died and therefore, three respondents were charted under section 302 read with 34 I.P.C. The prosecution examined 12 witnesses out of whom P.W. 1 Govind Narain Tripathi, P.W. 2 Ram Awatar, P.W. 3 Shyam Sunder and P.W. 4 Shyam Lal were examined as eye witnesses. The respondents pleased not guilty and claimed false implication due to enmity. The trial court after considering the evidence of prosecution side came to the conclusion that the charges have not been proved against the respondents. He therefore, acquitted the respondents. Hence this appeal.