STATE OF U P Vs. MILITARY

JUDGEMENT

(1.) M. C. Jain, J. The State is in appeal against nine accused-respondents who have been acquitted by judgment dated 17-9-1980 passed by Sri A. B. Hajela the then III Addl. Sessions Judge, Etah in Sessions Trial No. 139 of 1980. Out of them, Military faced trial under Sections 148 and 302 IPC and the rest for the offences under Sections 148 and 302 read with Section 149 IPC. The deceased was one Deshraj. The incident occurred on 17-10-1979 at about 9 p. m. in village Kelta, PS Aliganj, District Etah and the report was lodged by Shishpal Singh (brother of the deceased) PW 1, the same night at 10 p. m. the distance of the police station from the place of occurrence being six miles.

(2.) THE relevant facts may be taken note of. THE accused-respondents Military, Natthu and Latoori are real brothers while the rest are said to be their friends and acquaintances. THE accused-respondent Roshan had a criminal background. As per suggestion made to Shishpal Singh PW 1 in his cross- examination, the deceased was an informant of the police and he too allegedly had criminal antecedents. Before the incident, the electric motor of one shepherd of village Harsari had allegedly been stolen by Military and Roshan but at the intervention of the deceased the same had been returned. On the fateful date and time, Deshraj was taking dinner not he Chabutra of his house. Upon the cots lying there, Shishpal PW 1, Nayab Singh PW 2, Mahendra PW 3 and Ramvir alias Jabbar Singh PW 6 were seated. A lantern was glowing at at that Chabutra as well as that of Kashi Ram on the front side. All the accused-respondents appeared there from the north of the street. Mahendra and Nekram had pistols whereas the rest were armed with guns. THE deceased looked back and enquired as to who there was. But the accused- respondent Military shot a five on him as a result of which he fell down from the wall in the street. THE accused-respondents ran away.

(3.) APART from the formal evidence including of medical and investigation aspects, the prosecution relied on the testimony of Shishpal Singh PW 1, Nayab Singh PW 2, Mahendra PW 3 and Ramveer PW 6 as eye- witnesses the incident as also on the dying declaration of the deceased.