STATE OF U P Vs. ADALAT

JUDGEMENT

(1.) This appeal has been preferred by the State of Uttar Pradesh against the judgment and order of Sessions Judge, Gorakhpur acquitting the respondents of the charges levelled against them under section 302 of I.P.C.

(2.) The prosecution had alleged that at 2 p.m. on 7/12/1974 Muneeb P.W. 1 was taking water from the tubewell of Babuni for irrigating his wheat crop. Dhari, Janaki and Tilak Harijan stopped the flow of wafer. Dhari is a Halwaha of Adalat Dhobi. Muneeb requested Dhari to allow the water to go to his field. Dhari did not agree but stated that his Master has directed him (Dhari) not to allow the water to flow through his field. Meanwhile Dhari went to the house of Adalat and narrated all the story adding salt and pepper to it. Thereupon Adalat became infuriated. Then he alongwith Vakeel, Prahalad, Ratti Dhobi, Dhari Harijan, Janaki harijan and Tilak Harijan came to the Sahan of the house of Muneeb situated in village Marharpur police station Barahal Ganj district Gorakhpur. Adalat, Janaki and Tilak exhorted others to attack Muneeb and his family members. Thereupon Dhari gave a Lathi blow on the head of Muneeb and the (Muneeb) fell down. Bechan, grand father of Muneeb, came to save him then Adalat gave a Pharasa blow which hit on the head of Bechan. Kumar also came to save his father. Samrathi gave a lathi blow to Kumar due to which he received head injuries. Prahalad also gave Lathi blow to Bechan. It has been alleged that on the alarm raised, by the witnesses several persons arrived at the spot. It has been stated in the report that complainants side had also wielded Lathi in serf defence due to which Samrathi had received injury.

(3.) After the occurrence Muneeb went to Police Station Barhalganj and lodged report at 3.20 p.m. same day. It is noteworthy that Samrathi has also lodged a report at 4 P.M. on 7th, December, 1974 in police Station Barhalganj. The injuries of Muneeb, Kumar, Bechan Dhobi and Samrathi were examined at the Government hospital of Barhalganj between 4 and 5 P.M. on 7/12/1974. One lacerated wound was found on the left side of the head 1 cm. above the left ear on the person of Samrathi. Bechan had received one incised wound 6-1/2 cm x bone deep on right side of head 12 Cm. above the right ear. There was another lacerated wound 4 cm. x 1-1/2 cm. on back of left side just above the root of the right finger of the hand. It is alleged that Bechan had died as a result of these injuries.