STATE OF U.P. Vs. BHADAI

JUDGEMENT

(1.) This Government Appeal under Section 378 Cr.P.C. has been filed by State of U.P. against Bhadai son of Agardi, Chhotku son of Duber, Ram Dhani son of Jag Mohan, Mata Prasad son of Ram Dhani, Shyam Lal son of Kulbul and Moti son of Mian Din, all r/o Village Mathia Gosain, P.S. Kaptanganj, District Basti against impugned judgment and order dated 15.12.1981 passed by Sri C. Mohan, the then Sessions Judge, Basti in S.T. No. 60 of 1981 whereby he has recorded a finding of acquittal against all the six aforesaid accused respondents under Sections 147, 148, 302 and 307 I.P.C. read with Section 149 I.P.C. as well as the charges under Section 302/307 I.P.C. simplicitor.

(2.) The appeal has been preferred on the ground that the impugned judgment and order is against the law and facts of the case; there is no delay in lodging the F.I.R. disclosing the names of all the accused with minute details of the incident; the evidence of all the witnesses are corroborated by medical evidence; that relationship and interestedness interse of the witnesses is no ground to discard their testimonies and the minor contradictions occurred in the depositions of the witnesses are but natural and; lastly, that the impugned judgment and order is perverse and against the weight of evidence on record causing miscarriage of justice.

(3.) In nutshell the prosecution case is that on 21.1.1981 at about 4:00 p.m. first informant Surya Narayan @ Sirjan and his uncle Bhola alongwith Somai Kewat were returning from court. In the way near Chilma Bazar accused Chotku and Bhadai armed with country made pistols and cartridges, Ram Dhani armed with spear, Mata Prasad, Shyam Lal and Moti armed with lathi in furtherance of their common object to commit the murder of Surya Narayan @ Sirjan and Bhola intercepted them and assaulted with the aforesaid weapons causing injuries to informant Surya Narayan @ Sirjan and Bhola. The witnesses Ram Jiawan and Rajendra Prasad witnessed the incident. Bhola succumbed to his injuries.