STATE OF U P Vs. OM PRAKASH

JUDGEMENT

(1.) This appeal by appellant prosecutor State emerges out of impugned judgment and order dated 12.9.1986 passed by 1st Additional Sessions Judge, Azamgarh in S.T. No. 47 of 1985 by which, learned trial Judge has acquitted all the three accused respondents Om Prakash, Jagdamba Singh and Sant Prasad of framed charges U/S 302/34, P.S. Ahiraula, District Azamgarh.

(2.) Prosecution case, stated briefly, was that village Samshabad is at the bank river Manjhavi. Banshi and Ganga resident of village Samshabad were real sibling brothers. Shreechand, P.W.1 is the son of Banshi. Harish Chand P.W.3 is the son of Sri Krishna (deceased). Ganga had two sons Subhash and Prakash. Ratan Lal is the son of complainant Harish Chand (PW3). Harish Chand and his brother had installed a floor grinding machine and an oil Expeller in village Samshabad in a hutment under a thatched roof, which had openings towards east and south both. In the site place, where the grinding machine was installed has been shown as place 'H' whereas oil expeller was installed at place 'B'. Nearby towards east to the grinding machine and expeller of Harish Chand was the dilapidated house of Baijnath which was barricaded by four feet high wall on the western side adjacent to some open land. Nearby, lay a village pathway.

(3.) There existed Nehru Smarak Junior High School, which was running since 7 or 8 years. Informant and his side on the one hand and accused on the other were contesting to claim management of the said institution and both the sides were booked u/s 107/116 Cr.P.C. by the police for indulging into breach of piece. This animosity was further aggravated by an incident dated 10.8.1984 at 4 p.m., when Ratan Lal, aforesaid was robbed of his Seiko wrist watch by accused Om Prakash when he was proceedings towards his house. Regarding the said robbery an F.I.R. was lodged at P.S. Phoolpur under section 392 IPC vide crime no.175 of 1984.