STATE Vs. JANARDAN, S/O JEEWAN

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment and order dated 1.2.1982, passed by IV Additional Sessions Judge, Lakhimpur Kheri, acquitting the accused respondents of the charges under Sections 332/149, 307/149, 395 and 412 IPC in Sessions Trial No. 62 of 1981 and 128 of 1091.

(2.) BRIEFLY stated, according to the prosecution case, all the accused are residents of Raipur, hamlet of village Odara, P.S. Mitauli, District Kheri. In the month of November, 1980, P.W.1 Shripal Singh Chauhan was posted in Mitauli police station as Sub Inspector. Constables Chandrapal and Har Saran Tewari were also posted there. On 27.11.1980, P.W.1 S.I Shripal Singh Chauhan was investigating a case under Section 3/7 E.C.Act. An entry to this effect was made in the General Diary. He was also making investigations in respect of an application Ext.Ka 2 filed by Smt. Ram Dulari, wife of Gajodhar. P.W.1 S.I Sripal Singh Chauhan and constable Chandrapal were in official uniform. P.W.1 SI Sripal Singh Chauhan had his service revolver while constable Chandrapal had his licensed gun. They reached village Khurda in the evening at about 5 p.m and thereafter they went to village Babauna and stayed there in the night. The next day i.e. on 28.11.1980, constable Har Saran Tewari joined them. All the three started for village Mainhan in the morning and reached there at about 9 a.m. They had a talk with Smt. Ram Dulari, the author of Ext.Ka 2 and also with other persons. Thereafter they went to village Raipur at about 9 -45 a.m and reached at the Galiyara, situate near the house of accused Jeewan. They called accused Jeewan and enquired about Ext.Ka 2. Accused Jeewan started shouting that the police had adopted harassing attitude and started a case against him under Section 107 Cr.P.C. He did not allow them to take rest. On his shouting, accused Brij Lal, Neelkanth, Janardan, Laltoo and several women reached there. Accused Janardan was armed with a Banka, Neelkanth was armed with a Kanta, and Laltoo and Brijlal were carrying Lathis. Accused Jeewan brought a Kudaal from his house. They surrounded SI Sripal Singh Chauhan and Har Saran Tewari at the Galiyara and started beating them with their respective weapons, as a result of which SI Sripal Singh Chauhan and constable Har Saran Tewari fell on the ground. SI Sripal Singh Chauhan tried to load his revolver but accused Jeewan prevented him from doing so and started snatching it. Accused Janardan snatched the gun of constable Har Saran Tewari. Seeing danger to their lives, constable Chandrapal fired from his gun towards accused persons, upon which they ran away. They also took away with them the gun of constable Har Saran Tewari. SI Sripal Singh Chauhan lodged the FIR Ext.Ka 3. P.W.7 Head Coinstable Rashid Ahmad registered a case in the General Diary, copy of which is Ext.Ka 7. Injured police personnel were sent for medical examination.

(3.) DR . O.P.Misra, P.W.9 examined SI Sripal Singh Chauhan and found the following injuries on his person: