STATE OF U P Vs. RAM GOPAL

JUDGEMENT

(1.) We have heard Sri A K Srivastava, the learned AGA on the admission of the present appeal, which is directed against judgment of acquittal dated 26.10.2005, passed by Fast Track Court No. 1, Jhansi in Sessions Trial No. 32 of 2002.

(2.) The prosecution case was that the informant along with his two sons Roop Singh and Veer Singh were sitting at their darwaja when the respondents led by Smt. Krishna came and wanted to know from them as to why they were desirous of filing the nomination papers. The accused persons were armed with lathi, kulhadi and brick pieces. Roop Singh is stated to have replied that it was an election and he was desirous of filing the nomination papers and whoever was the successful candidate, was to be decided by the election, upon which it is stated that the accused persons started dealing blows, as a result of which, Veer Singh, Roop Singh and Manjan were seriously injured in their heads. Four days after the incident, Roop Singh succumbed to the injuries and, as such, the case was registered under Sections 304, 323, 326 & 506 IPC.

(3.) The defence has its own version that during election, it appears that there was a free fight between the parties and one of the accused, namely, Arvind was also seriously injured and a case was also lodged by them.