STATE Vs. MOOL CHANDRA

JUDGEMENT

(1.) This appeal under Sec. 378 (3) of Criminal Procedure Code (in short 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dtd. 24/8/1992, passed by learned Additional Sessions Judge, Court No.4, Etah, in Session Trial No.205 of 1990 (State of Uttar Pradesh vs. Moolchandra and others ), under Ss. 302/34 of IPC, Police Station-Malavan, District Etah, whereby the learned trial-court acquitted the accused-respondent. Accused respondent nos. 1, 2 and 4 have died and the counsel for accused - respondents has also given abatement application which is taken on record. Appeal qua respondent Nos 1, 2 and 4 stands abated.

(2.) The brief facts of this case are that complainant Lakshman Singh and his son Tara Singh, r/o village Dalelpur Police station Malawan, District Etah used to water their fields from Government Gool. On 22/4/90, Lakshman Singh and his son Tara Singh (deceased) reached at Government Gool to fetch water for their field and at around 2:00 p.m while they were fetching water for their field, accused-Moolchandra who is cousin(son of real brother of complainant's father) of complainant Lakshman Singh arrived there and said that he shall not allow them to fetch water from this Gool as he takes water from it for his engine and threatened them with dire consequences if they(complainant and deceased) chose to remain there. Out of fear, Lakshman Singh and his son deceased-Tara Singh proceeded towards their house. Thereafter, accused Moolchandra called his sons, namely, Bharat Singh and Ramveer Singh as well as his wife Lado. On being called, Bharat Singh, Smt. Lado and Ramveer Singh arrived there armed with knife, lathi as well as stick and grabbed deceased-Tara Singh. All the accused surrounded the deceased and accused-Bharat Singh stabbed him with knife on his chest due to which injured Tara Singh collapsed on the road near Babool tree. On hearing cries, Anganlal, Sumer Singh and Badan along with numerous other individuals saved complainant Lakshman Singh after reaching there and witnessed the aforesaid incident. Tara Singh died on the spot. The accused namely Bharat Singh, Ramveer and Moolchandra fled from the spot on seeing the villagers and Smt Lado was caught there itself. The complaint of this incident was got written by Phool Singh and the same was submitted at Malwan police station on that very day itself ie. on 22/4/90 by complainant of the case and the case was registered against the accused in the evening at 5.10 on the basis of the written complaint information exhibit Ka-1. Its chik/FIR is marked as exhibit Ka-11 and entry of the case was made in the General Diary (G.D.), the carbon copy of which is exhibit Ka-(sic.). The investigation of this case was taken up by Sri C.R. Malik, the Police Sub Inspector. On getting the information he recorded the statements of the complainant of the case Lakshman Singh and prepared the inquest report exhibit Ka-3 at the place of occurrence. The site-map exhibit Ka-4 was prepared by him after carrying out the spot inspection. The dead body of the deceased Tara Singh was sealed and then it was sent for post mortem examination and all the necessary papers were prepared in this regard. The statements of the witnesses were recorded and thereafter the investigation was taken over by Sri Baburam Verma S.O. and he submitted charge-sheet in the court against the accused on 11/5/1990.

(3.) On the basis of this written report, a case was registered against all the accused including Mool Chandra. After registration of the case, the investigation followed. The Investigating Officer recorded the statements of the complainant and other witnesses, visited the site and prepared the site-plan. After investigation, the Investigating Officer of the case submitted charge-sheet against the accused-Mool Chandra.