STATE OF U P Vs. SAGHIR

JUDGEMENT

(1.) SAGHIR, Sadiq and Chhunnan were tried in connection with the charges under sections 302/34, 307/34, 394/397and section 281, all of the Indian Penal Code but were acquitted of these charges by III Additional Sessions Judge, Oral on 18-12-1978. Feeling dissatisfied with the judgment and order of acquittal, the State has preferred this appeal.

(2.) BRIEFLY speaking, the prosecution case as unfolded at the trial is that Kamal Singh (PW 2), Ramphal (PW 3). Hori Lal (PW 4) and deceased Mohan Swaroop were all residents of village Bhendi and were students of first year of the Intermediate classes in Government Intermediate College Kadaura district Jalaun. On 2-5-1976 all these four started from their village at about 5 30 A. M on a bullock-cart towards Kadaura where they had to take on their examination on the next day They left the bullock-cart after some distance and began to move ahead on foot. Near about the well in Santoshi Har which is at a distance of about two miles from village Kadaura, they were accosted by three miscreants-one of whom carried a country made pistol while the other two had lathis. These miscreants asked the boys to accompany them on pain of being shot dead. While these boys accompanied the miscreants towards the tubs-well, Ramphal and Hori Lal managed to escape Kamal Singh and Mohan Swaroop were taken by the miscreants to the Kothri of the tube-well and these two boys were robbed of their clothes cash and a wrist watch by the miscreants inside this Kothri. The miscreants who had carried country made pistol, fired two or three shots on Kamal Singh and Mohan Swaroop as a result of which they fell on the ground. The miscreants thereafter tied the hands of both these victims with a Tahmat and threw them inside the well. Kamal Singh some how Managed to come out of the well with the help of Kakni of the well. He went to Kadaura and dictated a written report of the occurrence (Ex. Ka-1) to Mithilesh Kumar and lodged the same at the police station Kadaura at 9.45 A.M. Awarding to this report, the incident occurred at 8.15 A.M. None was named in the first information report but the description of the three miscreants was given is the report

(3.) IT is also the case of the prosecution that soon after the arrest on 11-6-1976 accused Saghir made a disclosure statement and in pursuance thereof shirt (Ex, 7) and pant (Ex. 8) which were robbed during the occurrence by the miscreants were recovered from the house of accused Saghir by the Investigating Officer Rajveer Singh (PW 18) in the presence of Raghuvir Singh (PW 8) and others. After investigation, charage sheet for the prosecution of all the three accused was submitted in Court.