STATE OF U P Vs. GAURI SHANKAR

JUDGEMENT

(1.) Ninteen persons were tried by the Second Additional Sessions Judge, Basti for the offences punishable under sections 148, 302, 307, 324 and 436 I.P.C. (last four read with section 149, I.P.C.). The trial court acquitted all of them. Aggrieved by this order, the present appeal has been filed by the State of U.P.

(2.) In her report lodged at 2-30 P.M. on 13.8.1976 at Police Station Kaptanganj, District Basti, Smt. Kailashpati resident of village Barhani within the above police-station circle has made accusation against the respondents. She alleged that there was dispute between her husband Bhola and Jhinkan and Gauri Shankar about a field. In this dispute, Chandra Maul son of Gauri Shankar had lodged a report. On account of this report, Bhola and his collaterals were sent to jail. The respondents were on the look out to kill the family of Bhola. It is alleged that at about later part of the night between 12th and 13th August, 1975, the respondents Jhinkan alias Girja Shankar, Gauri Shankar, Ram Jiawan and Badioo Singh armed with guns, Ram Milan, Chandra Shekhar, Ram Awadh Gur Dutt, Manzoor, Laxmi, Girish, Jagdish, Chandra Maul and Chandra Mani armed with Pharsas, Jagdamba, Sita Ram and Manik Chand armed with spears, Jhinkan and Rudra Nath armed with lathi along with eight to ten unknown persons of village Italia, came to the house of Smt. Kailashwati. Surya Datta Tripathi, Block Pramukh, Kaptanganj armed with pistol was also there. The persons holding guns and pistols were firing at the spot. These persons started assaulting Bhola, Pal too and Shiv Sahai with lathis, Pharsas and spears. They put fire to Charni. They stopped assaulting Shiv Sahai after being satisfied that he was dead. The accused said that as Sheo Sahai has been finished they should take Bhola and Paltoo towards the out-skirts of the village. The miscreants carried Bhola and Paltu. The reporter had stated that a lantern was burning in front of the house. On an alarm, Ram Lal, Bhokai, Ram Narain, Banarsi, Jiawan, Gaun Shanker, Prem Narain, Rambodh and several others had arrived. The witnesses followed the miscreants who were taking Bhola and Paltu. They took them to outskirts of the village and chopped the leg of Paltu and caused injuries to Bhola with pharsas, lathis and spears. Thinking that these persons have died, the assailants went away. They had fired towards the witnesses warning that they should not come near them. It was stated in the First Information Report that, at the place of occurrence, an empty cartridges case and a broken part of a gun, on which No. 3229 is written, was found. It was urged that the assailants had blocked the passage of the complainant and that is why she could not come to the police station early. However, the injured were taken to District Hospital on rickshaws.

(3.) Bhola, Paltu and Sheo Sahai were examined at 9-30 A.M., 10.15 a.m. and 10.45 a.m. respectively by Dr. R.V. Pandey of District Hospital, Basti. The injuries found by the doctor on the persons of each of the assailants have been noted in detail in the judgment of the trial court. It is not necessary to repeat them in this judgment.