STATE OF U P Vs. GOREY LAL

JUDGEMENT

(1.) This Government Appeal against the acquittal of respondents Gorey Lal and Surendra Singh arises out of Sessions Trial No. 138 - A of 1978, decided by the learned Sessions Judge, Banda by judgment dated 12/3/1979.

(2.) Pooran (deceased) was the Pradhan of village Mawai. On 14/12/1977 he had accompanied Jhunna to Police Station Kotwali-Banda for lodging a report against the respondents under section 395, I.P.C. with allegations that the respondents had misbehaved with daughter-in-law of Jhunna and had snatched away her Sutiva. Then on 16/12/1977 at about 7.OC A.M. when Pooran was warming himself by the side of Kanda (fireplace) in front of his main door and P.W. 1, Ram Asrey son of Poor an, P.W. 2 Kumari Chunbadi daughter of Pooran and P.W. 3 Kalloo a neighbour and, Smt. Chunki wife of Pooran (not examined) and one Jagmohan, neighbour were also warming themselves around the tire place, the respondents are said to have come armed with country made pistol (Gorey Lal) and Barachha (Surendra Singh). It is alleged that Surendra Singh told Pooran that he had not done the proper thing in lodging a report against respondents for robbery. Pooran is said to have replied that the conduct of the respondents was also not proper in committing such a crime. Respondent Gorey Lal is said to have stated that though Pooran was a Chamar by caste he was trying to come with Thakuras (there is evidence that both the respondents are Thakurs). Respondent Surendra Singh is then, alleged to have exhorted Gorey Lal by saying these words (Hindi Sentence). On this, the respondent Goreylal is said to have taken out his pistol and to have fired on the chest of the victim who was hit and fell down and died on the spot. The respondents are alleged to have threatened the witnesses and then to have made good their escape.

(3.) The First Information Report of this incident was lodged by Ram Asrey son of the deceased at 8.10 A.M. on 16/12/1977 after covering a distance of four miles to the police station Kotwali Banda from his village Mawai. After the registration of the crime, Inspector Subedar Singh who was present at the Police Station at the time of lodging of the First Information Report started investigation and reached the place of occurrence at 9.10 A.M. He recorded the statement of Ram Asrey then and there and prepared inquest report. Thereafter he recorded the statement of Smt. Chunki and Kumari Chunbadi (P.W. 2) and Kalloo (P.W. 3) and prepared a site-plan (Ext. Ka-12) after local inspection of the place of occurrence. He found blood near the dead body and also one Tikli and an empty cartridge near the place of occurrence. Meanwhile Dr. L.A. Zama (P.W. 6) conducted the post mortem examination of the dead body on 17/12/1977 at 7.45 A.M. and found 11 gun shot wounds of entry in an area of 16 cm x 13 cm on the upper part of the left side chest and another gun shot wound of entrance on the left side of chest. He found the right lung, left lung, pericardium, heart and liver perforated. Small and large intestines contained faedal matter. Urinary bladdar was empty. In the opinion of the doctor the death was caused due to shock and haemorrahage as a result of gun shot injuries. The chemical examiner and serologist found human blood on the Kurta Sweater Baniyain and Sofee, and sample of blood stained earth. The Investigating Officer after completing the investigation submitted a charge-sheet against the respondents. They were charged under sections 302/34, I.P.C. They pleaded not guilty and claimed false implication due to enmity. The prosecution examined three eye witnesses, namely Ram Asrey (P.W. 1) Kumari Chunbadi (P.W. 2) and Gorey Lal (P.W. 3). The Court examined ballistic expert Sri Budul Rai as C.W. 1. The respondents did not examine any witness. The trial Court after considering the evidence on record acquitted the respondents as aforesaid.