STATE OF UTTAR PRADESH Vs. MANENDRA PAL

JUDGEMENT

(1.) The State has lodged this appeal against the order of acquittal dated 9-9-1981 recorded by the then II Additional Sessions Judge, Barellly in S.T. No. 319 of 1980. The accused respondent Angan Lal was acquitted of charges under Section Against order of P. K. Dikshit, IInd Addl. Sessions Judge, Bareilly, D/- 9-9-1981. 307 and Section 323 read with Section 34, IPC. Accused Madan Lal was acquitted of the charges under Section 307 read with Section 109, IPC and Section 323, IPC. Mahendra Pal and Govind Ram were acquitted of charges under Section 307 read with Section 34, IPC and Section 323, IPC. Out of the four accused-respondents, Angan Lal died during the pendency of the appeal. It, therefore, abated as a'gainst him under order dated 14-10-2003. The Court is presently concerned only with three accused- respondents, two (Mahendra Pal and Govind Ram) being the sons of Angan Lal and Madan Lal son of Munna Lal (brother of the deceased accused respondent Angan Lal).

(2.) Mahendra Pal, Govind Ram and Madan Lal were allegedly armed with lathis and the deceased accused respondent Angan Lal was armed with a gun. The incident occurred on 12-1-1979 at about 2.00 in village Kesarpur, Police Station Shahi, District Bareilly and report was lodged the same day at 4.30 p.m. by Vishesh Kumar P.W. 1 brother of the injured Ram Ballabh. The prosecution case was that there was a canal running north-south with an opening whereby the field of Vishesh Kumar and Ram Ballabh was irrigated. On the day of the incident at about 10.00 a.m., they were irrigating their field. The accused respondents wanted to irrigate their field and diverted the course of water. When Vishesh Kumar and Ram Ballabh protested, hot words were exchanged and abuses were traded. However, village people arrived and pacified the matter and the water was diverted to the field by Vishesh Kumar and Ram Ballabh. After this, Vivesh Kumar and Ram Ballabh returned to their home. At 2.00 p.m. They again went to see the field and found that the water was diverted to the field 6f Bulaki and Ram Bhajan. Both of them questioned the accused-persons about the same and the latter held out that they would not allow the water to go to their field. On the exhortation of Madan Lal, Angan Lal fired at Ram Ballabh as a result of which he sustained injuries on his left thigh. The remaining accused respondents caused lathi injuries to Vishesh Kumar and Ram Ballabh. Alarm was raised attracting the witnesses including Ramadhari P.W. 2 Vishesh Kumar brought Ram Ballabh to the village, arranged for bullock cart and went to the police station where he lodged a written FIR. On its basis a case was registered.

(3.) Ram Ballabh was sent for medical examination which was conducted on 12-1 -1979 at 6.45 p.m. A lacerated wound 15cm x 10 cm x bone deep on the back and inner aspect of his left thigh was found with blackish margins ragged, badly lacerated and everted. There was also a faint red contusion 6 cm x 2 cm on the back side of left shoulder.