STATE OF U P Vs. RAJENDRA YADAV

JUDGEMENT

(1.) All the five accused respondents were tried for offences under Sections 148 I. P. C. Accused respondent Ram Lakhan was further tried for an offence under Section 302 (simpliciter) and the rest under Section 302 read with Section 149 I. P. C. All of them have been acquitted by judgment dated 4-8-1981 passed by the then II Addl. Sessions Judge, Ghazipur. The accused respondents Rajendra Yadav, Kailash Yadav, Bhanshraj Yadav and Deoki Nandan Yadav were tried in S. T. No. 301 of 1980 while accused respondent Ram Lakhan was tried in S. T. No. 24 of 1981.

(2.) Informant Rajdev,Yaday P. W. 1 along with his brother Raj Narain (deceased of the case) lived in village Salempur Baghai police Station Bhurkura district Ghazipu. Sadat Bazar is at a distance of six miles from the village of the informant. On 2-8-1980 at about 3 P. M. the informant along with Raj Narain was returning from Sadat Bazar towards his village on one cycle. When they reached Pertia Seewan, which is in village Ahiayee on the way and were near the field of Sripat Bhar. all the five accused respondents, who were sitting in ambush, came on the road. Accused Ram Lakhan Yadav was armed with a gun, accused Rajendra Yadav and Kailash Yadav were armed with Gandasas while accused Banshraj Yadav and Deoki Nandan were armed with spears at that time. Accused respondent Rajendra Yadav exhorted that time was opportune to take revenge of the murder of his father. The informant Rajdev Yadav started running southward leaving his cycle, whereupon the accused Ram Lakhan Yadav fired at Raj Narain. Raj Narain staggered while the accused having Gandasas. wielded the same on Raj Narain. Raj Narain fell down. In all four shots were fired by Ram Lakhan on Raj Narain. The two accused having spears also assaulted Raj Narain after he had fallen down. The informant Rajdev Yadav stood at a distance of 7 or 8 Lathas from the place of occurrence and raised alarm. The alarm attracted P. W. 2 Ghurmari and P. W. 3 Ram Chandra besides Nathai, Ram Murti arid Chandradev before whom also the accused persons continued to assault Raj Narain. On further alarm some more persons arrived when the accused ran away. The informant Rajdev Yadav prepared written report of the occurrence which was lodged at 6.50 P. M. at Police Station, Sadiabad. The chik F. I. R. was prepared by Head Constable Sufya Dev Pandey P. W. 6. At that time Surya Ball Singh Investigating Officer P. W. 5 was present at the police station. He took up the investigation and reached the place of occurrence at 7.55 P. M. The dead body of the deceased Raj Narain was sent for postmortem examination, which was conducted by Dr. S. K. Srivastava P. W. (sic) on 4-8-1980 at 12 O'Clpck. On the dead body of the deceased five incised wounds, two punctured wounds and seven fire arm wounds were found. From the place of occurrence blood stained earth was taken into possession. Two pellets, two pairs of shoes, one cycle of accused Kailash and one cycle of the deceased were also found and taken into possession.

(3.) The accused respondents denied their involvement in the murder of Raj Narain and alleged to have been falsely implicated due to enmity. They also filed some documents, but no oral evidence was adduced by them.