STATE OF U P Vs. INDRA PAL SINGH

JUDGEMENT

(1.) This government appeal is preferred challenging the validity and correctness of the impugned judgment and order dated 25.8.1983 passed by the IV Addl. District & Sessions Judge, Etah in S.T. No. 357 of 1982 (State Versus Indrapal Singh and others) by which respondents-accused Indrapal Singh son of Nihal Singh, Brijendra Pal Singh & Mukesh Pal Singh sons of Gajadhar Singh and Balbir Singh son of Vijai Pal Singh, all residents of village Akrabad, P.S. Jalesar, District Etah were acquitted of the offence under Section 302/34 IPC.

(2.) From perusal of the record the prosecution case appears to be that Jugel Pal Singh under police circle Jalesar was returning from village Nabipur on 11.2.1982 where he had gone to hire labourers. At about 7.30 A.M. when he was near the mustered field of Mewa Lal situated in village Akrabad, in which mustard crop was standing and on the side of village pathway, accused Indrapal Singh armed with lathi, accused Balbir Singh, Brijendra Pal Singh and Mukesh Pal Singh each armed with Pharsa are said to have emerged from the mustard crop standing in the field of Mewa Lal. They surrounded Jugel Pal Singh and gave Pharsa blows to him. Jugel Pal Singh sustained severe injuries by Pharsa blows and died on the spot. Bhisham Pal Singh (PW-1), brother-in-law of Jugel Pal Singh who was easing himself near the southern 'Mend' of the aforesaid field on seeing the incident, raised a hue and cry. Upon hearing the alarm, the witnesses of the prosecution, namely, Sri Pal Singh, Govind Pal Singh, Ramji Singh and Hari Pal Singh, who were also easing themselves in the nearby fields came and challenged the accused. The accused persons then escaped towards village Punhera but the lathi/stick was left behind by Accused Indrapal Singh in a hurry to escape from the place of occurrence.

(3.) Bhisham Pal Singh got a written report (Ex.Ka-1) scribed by Brijesh Pal Singh and lodged it at police station Jalesar on the same day at about 9.10 A.M. On its basis check report was prepared after making entry in the G.D. at sl. no. 20 and FIR (Ex.Ka-2) was registered by Constable Brij Gopal (PW-4). Special report was then dispatched to District Officer, Sadar.