STATE OF U P Vs. HEMANT SINGH

JUDGEMENT

(1.) THIS Government appeal under section 378 Cr.P.C. has been filed on behalf of the State of U.P. against the judgment and order of acquittal dated 25.2.1985 passed by Sri K. Narayan, Sessions Judge, Basti in Sessions Trial No. 326 of 1982, under sections 148, 302/149, 326/149 & 201/149 I.P.C. whereby the accused persons in the said case have been acquitted. At the very outset, it is to be mentioned that this appeal has been filed against the accused -respondents Hemant Singh, Ranjit Singh, Mukti Nath Singh, Satya Prakash Singh and Saroj Singh but from the judgment of the Trial Court, it is evident that during the trial itself the accused Ranjit Singh had died and case against him had abated. So it appears that this appeal against the accused Ranjit Singh has wrongly been filed.

(2.) THE F.I.R. in this case was lodged by one Somai Ram son of Juggaram, resident of Etwahara, Police Station Palkoliya, District Basti on 9.4.1982 at 20.10 hours. It was mentioned in the F.I.R. that the complainant had purchased a land about one year back in the village from one Nand Lal Singh son of Kedar Nath Singh through a sale -deed and in the said land, crop of gram and wheat was sown. On the day of occurrence at about 5.00 p.m., Hemant Singh son of Mukti Nath Singji of the village was cutting the crop. On getting this information, the informant, his brother Ganga Prasad and wife of the informant Chandra Kala reached the field and restrained Hemant Singh from cutting the crop, thereupon, Hemant Singh having Ballam in his hand and hurling abuses threatened them to go away and said that this is my field and I will cut the crop and thereupon, Hemant Singh gave a Ballam blow upon Ganga Prasad. In the meantime, co -villagers Saroj Singh son of Kamla Singh having Ballam, Mukti Nath son of Subedar Singh having Bhujali, Ranjit Singh son of Mukti Nath having sword and Satya Prakash Singh son of Ram Ashare having Farsa emerged from the sugar cane field of Sheshraj Singh and cordoned them. Mukti Nath and Satya Prakash caught hold the informant. When Chandrakala rushed to save the brother of the informant, Satya Prakash leaving the informant pounced upon the wife of the informant and gave a blow of Farsa in her left hand, due to which she sustained injury in her left hand. The accused persons gave blows upon Ganga Prasad from their respective Ballam, Farsa, Bhujali and sword and severed his head from the body through sword and took away the head. It was further mentioned in the F.I.R. that anyhow the informant got free from the hands of the Mukti Nath and saved himself. This incident was witnessed by witness Sachchidanand son of Rampher Harijan, Rampher son of Jhingur Harijan and other persons. The wife of the informant was taken to Gaur Government Hospital in an injured condition by co -villager Ram Samujh where her primary treatment was done. Since her condition was serious, she was referred to the District Hospital, Basti. It was further mentioned that the informant along with his wife and Ram Samujh came to the police station for giving information. It was requested that his report be lodged and action be taken.

(3.) THE F.I.R. was lodged at Police Station Paikoliya, District Basti as Crime No. 43 of 1982, under sections 147, 148, 149, 324, 302 and 201 I.P.C. After lodging of the F.I.R., the police came on the spot and from the spot blood stained and plain soil was collected and some cut gram crop was recovered. Dead body of the deceased Ganga Prasad was sent for post -mortem. The post -mortem examination on the body of the deceased Ganga Prasad was conducted and following ante -mortem injuries were found on his person: -