STATE OF U P Vs. PHUNDAN

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment and order of fifth additional sessions Judge, Meerut acquitting the respondents of the charges levelled against them under sections 147, 148,302 read with section 149 and 307 read with section 149 of Indian Penal Code.

(2.) The prosecution started on the report of Jagmal, P.W. 4 lodged in police station Khekara, district Meerutat 4 p.m. on 1st August, 1976. The maker of this report stated that he is resident of village Ganauli PS Khekara. His brother Patem Singh P.W. 4 resides in that village. Jagmal got some land of his father-in-law in district Ghaziabad. Hence he used to reside at the residence of his father-in- law. It has been alleged that father-in-law of Jagmal had three daughters, hence his father-in-law had divided all the properties amongst daughters. There was a dispute between the family member 5 of the three daughters about the land. It has been alleged that at about 7 a.m. on 1st August, 1976 Paim Singh came with fodder from his field to his house. At that time Phundan, Khef!lchand, Dhumee, Lakhmee, Rampal, Gyanee, Meeree, and Baigan assaulted Paim Singh and his wife Phulwati by lathi, Ballam and Kripali. On receipt of information about this assault the witness came to his village and took the injured to the police station. Smt. Phulwati died on the way to the hospital.

(3.) The investigation had taken up by P.W. 9 Vishwanath Singh Chauhan. He had send Paim Singh to the hospital for medical examination. He prepared inquest report of the dead body of Smt. Phulwati and sent the body for mortuary in a sealed cloth for post mortem. He had also conducted other investigation. It transpires that the later part of the investigation was conducted by Kishan Tandon P.W. 8. He had interrogated Paim Singh on 30th August, 1976 and thereafter submitted the charge-sheet.