STATE OF U P Vs. JAI SINGH

JUDGEMENT

(1.) THIS Government Appeal has been preferred under Section 378 Cr.P.C. challenging the impugned judgment and order dated 5.9.1981 whereby learned trial court has acquitted respondents accused Jai Singh, Prabhu Narain, Ram Murat, Lalloo and Vidya Shankar in Sessions Trial No.184 of 1976 (crime no.426 of 1975) under Sections 147, 302 read with Section 149 I.P.C., P.S. Katra, District Mirzapur.

(2.) ALL the aforesaid accused alongiwth one Amar Singh were charged for the offence punishable under Sections 147 and 302/149 I.P.C. who were alleged to have committed the murder of Mursaleen Yusuf in prosecution of their common object on 28.9.1975 at about 7:00 p.m. in Mohalla Bathua, P.S. Katra, District Mirzapur.

(3.) IN short, the prosecution case is that first informant Syed Yusuf Hussain was chatting with his younger son Haseen Yusuf and one Fissi on 28.9.1975 at about 7:00 p.m. One Prabhu Yadav, a student of Polytechnic came and asked Mursaleen Yusuf @ Tunnu, son of informant to accompany him as accused Amar Singh (since died during trial) had called for him. Mursaleen Yusuf @ Tunnu accompanied accordingly. After some time it was learnt to the informant that his aforesaid son Mursaleen Yusuf @ Tunnu, hereinafter called the deceased was being assaulted by some people. On this information, he alongwith his younger son Haseen Yusuf proceeded towards the scene of incident on a bicycle. They reached in Mohalla Bathua at spot and saw that the deceased was badly injured and was lying on the ground. On being asked deceased stated to the informant that he was assaulted by Amar Singh, Jai Singh, their ploughman Lalloo, Prabhu Yadav, Ram Murat and Vidya Shankar with lathi, iron rod and hockey. He also stated that aforesaid accused had snatched his titan wrist watch alongwith Rs.400/ - from his pocket. He further stated that on his hue and cry, his companions Shiv Shankar Dubey, Indra Deo Singh, Sukkhu and others reached there and then all the aforesaid accused ran away. If the aforesaid witnesses would not have reached accused must have murdered him. First informant lodged written report Exhibit Ka -1 with police station Katra, District Mirzapur on the basis of which chik report was drawn and case was registered at crime no. 426 of 1975 under Sections 395, 397 I.P.C. on 28.9.1975 at about 20:20 hours against all the aforesaid six accused.