STATE OF UTTAR PRADESH Vs. BHAGIRATH

JUDGEMENT

(1.) State of U. P. has preferred this appeal against judgment and order dated 22-12-1980 passed by the then II Addl. Sessions Judge, Jhansi in Session Trial No. 140 of 1979. The accused respondent was tried and acquitted under Section 307, I.P.C.

(2.) We have heard Sri M. C. Joshi, learned A.G.A. for the State and Sri Ramesh Sinha for the accused-respondent as amicus curiae.

(3.) Accused-respondent, Bhagirath, was residing in a portion of the house of informant, Gajju, P.W. 3, in Mohalla Mahaviran police station Prem Nagar, district Jhansi as a tenant. The injured of the case Smt. Quiyan, P.W. 2, is the wife of the informant. The informant's elder son was married. The daughter-in-law of the informant had illicit connection with the accused. Therefore, according to the custom of Biradari separation of Bhagwan Das and his wife had taken place about two months prior to the occurrence and she was living at her parents' house. Due to the above separation the accused felt bad because he used to talk to her. He used to say that she had to be provided with food and clothes and that the informant had to keep her. On 29-6-1979 at 9 p.m. injured. Smt. Quiyan, went to ease herself behind railway boundary wall, which had an opening because some portion of it had broken. One electric pole was situated nearby which was emitting light. At that time accused armed with Banka came and started assaulting her. She raised alarm which attracted P.W. 1, Paragi Lal, and Kanhaiya Lal, P.W. 5, who were sitting at the temple of Shanker Ji which was near the place of occurrence. Her husband, Gajju, P.W. 3, also reached there. The accused ran away on seeing them towards the bungalow of Major Khan. Blood had fallen at the place of occurrence. After departure of the accused Gajju and Paragi Lal took the injured to nursing-home, then to Government Dispensary and then to medical college, Jhansi. At the medical college Paragi Lal, P.W. 1, prepared a written report on the dictation of Gajju. The written report was given at the police station Prem Nagar on 30-6-1979 at 2 a.m. on the basis of which a case was registered. P.W. 8, P. N. Chaturvedi along with the Station Officer started investigation and proceeded for medical college. In the way outpost Pulia No. 9 fell. The Station Officer, instructed the Head Constable, Vishwanath Singh and two other constables that the accused should be apprehended as he had run away towards the bungalow of Major Sahab. Head Constable, Sant Kumar, P.W. 4, of outpost No. 9 was on patrol duty along with Head Constable, Vishwanath and two other constables. He has stated that instruction for search of the accused was given by the Station Officer. On information they reached the gate yard of Bijauli where accused was apprehended at 2.25 a.m. in the night on 29/30-6-1979 along with Banka.