STATE OF U P Vs. SHISHUPAL SINGH

JUDGEMENT

(1.) This Government Appeal No. 1967 of 1982 under Section 378 Cr.P.C. has been filed by the State of U.P. against the impugned judgment and order dated 15.05.1982 passed by the VIth Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 354 of 1981 (State of U.P. Vs. Shishupal Singh & 5 others) in Case Crime No. 155 of 1981 under Sections 147, 148, 302/149 and 323/149 IPC, PS Tilhar, District-Shahjahanpur. The learned Trial Court has acquitted all the six respondents-accused from the charges of offences punishable under Sections 147, 148, 302/149 and 323/149. The impugned judgment and order has been challenged on the ground that it is against the evidence on record and is against the law and facts of the case. The judgment being perverse and has caused miscarriage of justice.

(2.) We have heard Ms. Usha Kiran, learned AGA and Sri Apul Mishra holding brief of Sri P.N. Mishra, Senior Advocate for the respondents. Perused the record.

(3.) In nutshell, the prosecution case is that Arjun Singh son of Kaptan Singh PW-1 resident of village Jiraunia, PS Barkheda, district-Shahjahanpur was married to the daughter of Peshkar Singh (deceased) resident of village Dhamanpur. Peshkar Singh (deceased) had given his field on ''batai' to accused Hemraj, Pyare. On 26.03.1981 Kaptan Singh PW-1, Arjun Singh and others had come to the house of Peshkar Singh (deceased) in connection with ''Dashthan', at about 4:00 PM Peshkar Singh (deceased) had gone to saw his field accompanied with Kaptan Singh PW-1, Arjun Singh. Peshkar Singh (deceased) had an altercation with all six accused, namely, Shishupal Singh, Ziledar Singh, Devendra Kumar Singh @ Om Prakash Singh, Pyarel Lal, Hemraj and Shyam Bahadur Singh. Devendra Kumar Singh @ Om Prakash Singh armed with gun and remaining five accused persons armed with lathies. According to the prosecution version, Devendra Kumar Singh @ Om Prakash Singh fired at Peshkar Singh (deceased) with his gun. Peshkar Singh (deceased) died on the spot. The incident was seen by Kaptan Singh PW-1, Veer Pal PW-2, Nirbhan Singh PW-4, Arjun Singh and others. It has also been alleged that in the incident Kaptan Singh PW-1 and Arjun Singh had also sustained injuries.