STATE OF UTTAR PRADESH Vs. BALAK RAM

JUDGEMENT

(1.) This appeal has been preferred by the State of U.P. against the judgment and order dated 6-12-1979, passed by III Additional District and Sessions Judge, Hardoi, in Sessions Trial No. A-9 of 1979, whereby the five respondents, namely, Balakram, Bhola, Sri Krishna , Babu (Baburam) and Ram Sewak have been acquitted for the offence punishable under Sections 307/149, I.P.C., Balakram, Bhola, Sri Krishna and Ram Sewak for the offence punishable under Section 147, I.P.C. and Babu for the offence punishable under Section 148, I.P.C.

(2.) Shortly stated, the prosecution case runs as under : The informant Ranvir Singh P.W. 1 was a resident of village Kurshath, situated within the limits of Police Station Baghauli, District Hardoi. At the time of incident, he was a student of Class Xth in Lal Bahadur Shastri High School, at Atwa Alinmardenpur, which was situated within the limits of the said police station. At the time of the incident, respondents Balak Ram and Sri Krishna were also students in the said school. In Sept. 1976, respondent Balak Ram had borrowed a sum of Rs. 100/- from Ranvir Singh and despite repeated demands by Ranvir Singh he did not return, the said money. On 7th January, 1977, when Ranvir Singh again demanded money, respondent Balak Ram told him that he would pay him the some and asked him to come out of the school. When Ranvir Singh came out of the school, he was assaulted by respondents Balak Ram and Sri Krishna with cycle chains. Thereafter, Ranvir Singh raised cries. Some students came there. Then, respondents Balak Ram and Sri Krishna went towards Village Kursath. Ranvir Singh remained near the school beneath a tree. On receiving information , his uncle Chhotelal and Nanhe came from village, to take him home. Consequently, Ranvir Singh left along with them. At about 2.30 p.m. when they had reached near drain, situated towards east of the school, respondents Bhola and Ramsewak armed with lathis, respondents Balak Ram and Sri Krishna armed with cycle chains and respondent Babu Ram armed with a country-made pistol came there. They surrounded Ranvir Singh, Chhotelal and Nanhe. Thereafter, the respondents armed with cycle-chains and lathies assaulted them. They raised alarm, hearing which Brinda Prasad, Gaya Prasad, Sumer, Dwarka and Shyamsunder P.W. 3, residents of Village Atwa came. Respondent Bhola instigated respondent Babu, who thereupon fired a shot, which hit Chhotelal. In self defence some injuries were caused to some of the respondents by Nanhe and Chhotelal.

(3.) The F.I.R. of the incident was lodged by Ranvir Singh, the same day, at 10.35 pm. at Police Station Baghauli. On the basis of the F.I.R. offences punishable under Section 147/148/149/307/323, I.P.C. were registered against the five respondents. The chik F.I.R. was also prepared and its perusal shows that the distance between the place of the incident and Police Station Baghauli was ten miles.