STATE OF U P Vs. SHESH NATH PANDEY

JUDGEMENT

(1.) ONKARESHWAR Bhatt, J. Accused respondents, Shesh Nath Pandey, Ram Suresh Pandey, Ganga Saran, Triloki, Beni Madho Dube and Hausila Shukla, were tried for the offences under Sections 148 and 302/149, IPC and were acquitted. The judgment and order was passed by III Additional Sessions Judge, Gorakhpur on 12-3-1981 in S. T. No. 85 of 1979.

(2.) SRI R. S. Maurya, learned AGA for the State and SRI P. N. Misra, Senior Advocate assisted by SRI O. P. Pandey, Advocate have been heard and the record of the case has been carefully perused.

(3.) THE prosecution is thus left with the testimony of informant PW 7 Lalta Pandey, PW 5 Mahadev Pandey, brother of the informant and PW 8 Chandrika Misra, the maternal uncle of the deceased. According to the prosecution case Chandrika Misra was going alongwith the deceased at the time of occurrence. THE place of incident is not in dispute because even according to DW 1 Jagar Nath Singh, the deceased was done to death at the field of Kishun Pal by two unknown persons by knives and ballam at about 7 or 8 p. m. on the date of occurrence. According to Chandrika Misra he resided at Ranipur and had come to village Bhiti at the house of the informant, who is his sister's husband. THE witness stated that he proceeded alongwith the deceased towards Mahadeva Bazar, when the deceased was proceeding to the floor mill. THE witness also stated that the accused persons started assaulting the deceased by knives when they reached about one furlong from the house of the deceased. He further stated that the deceased ran alongwith cycle for about 20 steps whereafter he left the cycle and continued running. He further started that the accused persons kept on assaulting the deceased while the deceased was running. He stated this too that the accused persons surrounded the deceased when he could run about 50 steps. According to the witness when the deceased was surrounded, accused Hausila fired at the deceased by country made pistol whereupon the deceased fell down. He has stated that apart from accused Hausila the other accused again assaulted the deceased by knives. THE witness stated that the entire occurrence took place in about two or three minutes and that accused Hausila fired at the deceased from a distance of two steps.