STATE OF U P Vs. MEGHA

JUDGEMENT

(1.) M. C. Jain, J. The State is in appeal before this Court against the acquittal recorded on 18-1-1982 by Sri D. D. Srivastava, the then I Addl. Sessions Judge, Shahjahanpur in Sessions Trial No. 370 of 1981. The accused respondents Megha, Paras Ram, Sita Ram and Balbir were tried under Section 302 read with Section 34 IPC for the murder of one Arjun. Out of them, Balbir died during pendency of the appeal which was abated in respect of him under order dated 20-5-2003. Presently, therefore, the Court is concerned only with remaining three accused respondents Megha, Paras Ram and Sita Ram.

(2.) THE incident took place on 24-3-1981 at about 9 p. m. within the territory of village Nidhona Makarandpur, P. S. Sehramau (South), District Shahjahanpur and the FIR was lodged the same day at 12. 05 p. m. by Chunni Lal PW 1 son of the deceased. He claimed to be himself as an eye-witness. THE distance of the police station from the place of occurrence was about five miles. THE prosecution case as revealed from the FIR and the evidence adduced in the Court was that the victim was the resident of Aziapur, P. S. Sehramau (South ). Some 12 years before the incident, Megha accused, in his capacity as Pradhan of the village, had given nearly 13 bighas of land of plot No. 14 to him on Patta. Subsequently, six years before the incident, he had again given to him on Patta about 4 bighas land of plot No. 252. Since the time of these Pattas, the deceased Arjun and his family had been in cultivatory possession of the said land. However, some differences arose between him and Megha with the result that Megha Pradhan first filed a suit in tehsil regarding plot No. 14 against Arjun and when he failed in that case, he filed another case involving plot No. 14 as well as 252 against Arjun. THE fateful day of the incident was the date fixed in Tehsil for evidence in that case. THE deceased with his son Chunni Lal PW 1 and two witnesses Jeevan PW 2 and Bulaki started from his village at about 8. 30 a. m. for the Tehsil on foot to attend the case. When they reached the vacant plot of Hardayal Singh, the accused persons suddenly emerged from a pit adjoining the rasta. Balbir was armed with a gun while Megha had a lathi. Paras Ram and Sita Ram were armed with knives. Megha challenged Arjun and asked him to stop so that the fate of the case could be decided then and there. Balbir fired at Arjun with the result that he fell down. Megha dealt with lathi blows while the other two knifed Arjun. THE witnesses cried for help. THE accused respondents escaped with the bag containing documents relating the case. Arjun died on the spot. Chunni Lal left Bulaki and Jeevan near the dead body and went to lodge the FIR. THE case was registered and investigation taken up by the Investigating Officer Surendar Singh PW 4 who reached the spot. He was present at the police station when the report was lodged. THE dead body was sent for post-mortem which was conducted on 25-3-1981 at 3 p. m. by Dr. P. K. Gupta PW 3. THE deceased was aged about 55 years and about one day had passed since he died. THE following ante- mortem injuries were found on his person: (1) Lacerated wound 1 cm x. 6 cm x muscle deep on the right side face just below and back of right ear. (2) Lacerated wound. 5 cm x. 3 cm x muscle deep on the right side pinna of the ear. (3) Multiple incised wounds in an area of 5 cm x skin x muscle deep and trachea deep on the front of right side of neck. (4) Incised wound 2 cm x 1 cm x muscle deep on the chest anterior, 1. 5 cm above the medial end of right clavicle. (5) Incised wound 1 cm x. 5 x muscle deep on the right side anterior chest at the medial side of the right clavicle. (6) Gunshot wound of entry with blackening and inverted margins 2. 2 cm x 1. 2 cm x through and through on the right side of anterior chest, 1 cm below the medial end of left clavicle. Direction anterior to posterior. (7) Gunshot wound of exit with everted margins 2. 5 cm x 1. 5 cm x through and through on the left side of back of chest 12 cm below the left shoulder joint and 2 cm above the inferior angle of left scapula with hole on the blade of left scapula. (8) Incised wound 2 cm x. 5 cm x skin deep on the right side of mandible, 2. 5 cm lateral to chin.

(3.) AT the trial the prosecution examined four witnesses. Out of them, Chunni Lal PW 1 and Jeewan PW 2 were the eye-witnesses. Dr. P. K. Gupta PW 3 had conducted the post-mortem examination over the dead-body of the deceased and Surendar Singh PW 4 was the Investigating Officer. The trial Judge did not believe the eye-witness account and for the various reasons detailed in the judgment recorded acquittal with which the State is dis-satisfied.