STATE OF U P Vs. SHEO SAHAI

JUDGEMENT

(1.) THE State has preferred the instant appeal against the judgement and order dated 20.11.80 passed in Sessions Trial No. 151 of 1979 acquitting the respondents of the charges under Section 147, 148, 302 and 149 IPC.

(2.) DURING pendency of the appeal Sheo Sahai, Khun Khun and Rang Bahadur Singh died and the appeal on their behalf stands abated.

(3.) BRIEFLY stated, according to the prosecution case, on 9.11.76, the informant Nigar Ahmad alongwith his uncle Abdul Subhan, the deceased, Rashid, Maqbool and Taj Mohammad were going to attend the cases in the court. When they crossed the grove of Lal which is about a furlong away from villas Parsa and they reached near Pipal tree which is in the field of Radhey Shyam, accused Sheo Sahai, Rang Bahadur and Sheo Bahadur armed with Pharsas, Khun Khun, Ram Dularey and Basdeo armed with lathis accompanied by Chakradhar armed with Ballam came out from behind the Pipal tree and attacked the deceased at about 7.30 a.m. Accused Sheo Sahai, Rang Bahadur and Sheo Bahadur exhorted the other co -accused to kill Abdul Subhan and not to spare him. Abdul Subhan was surrounded all around and assaulted with lathis, Pharsa and Ballam. Abdul Subhan fell down but the accused did not stop beating him. After causing injuries, accused persons ran away. Injuries of Subhan were bleeding and he was breathing low. After some time Subhan succumbed to his injuries. Nigar Ahmad got the report scribed by Hashim PW -5 on the spot and lodged the same at P.S. Karnailganj. F.I.R. of the incident was lodged at 10:30 a.m. Head Moharrir Kesari Nandan Singh, PW -8 prepared by the F.I.R. and also prepared G.D. entry which are Ex. Ka -2 and Ka -3. The special report of the incident was sent to the officers and entry in the G.D., Ex. Ka -13. was also prepared by him. After registration of the case, investigation was taken over by S.O. R.D. Singh PW -6. He prepared Panchayatnama Ex. Ka -4, Photo lash Ex. Ka -5, Challan lash Ex. ka -6 and letter to the C.M.O. Ex. Ka -7. The dead body was entrusted to Constable Pateshwari Prasad PW -7 for carrying it to the mortuary. The investigating officer recorded the statement of the first informant Nigar Ahmad. He prepared site plan Ex. Ka -10 and also took samples of plain and blood stained earth which are Ex. Ka -5 and Ka -6.