STATE OF U. P. Vs. CHANDRIKA

JUDGEMENT

(1.) Heard Sri Ram Yash Pandey, learned AGA for the appellant-State of U.P., Sri G.S. Chaturvedi, learned Senior counsel assisted by Sri Shishir Tandon, Advocate appearing for the respondents-accused and perused the record.

(2.) Challenge in this government appeal is to the impugned judgment and order dated 25.5.81 passed by the Sessions Judge, Basti in S.T. No. 354 of 1978 ( State Versus Chandrika and others) whereby the learned trial Judge has acquitted respondent-accused persons, namely, Chandrika, Vindhyachal, Jagdamba Prasad Mishra, Ayodhya, Ram Baran, Ram Karan, Ishaq, Mohd. Ibrahim, Mohd.Ali, Kishore, Banshi Dhar and Nagai from the charges under Sections 147, 148, 302, 302/149, 307 and 307/149 IPC.

(3.) The facts, in brief, culled out from record are that first informant Surendra Lal son of Shiv Kumar Lal resident of village Nadaya P.S. Chhaoni District Basti submitted a written report at police station Chhaoni on 3.7.78 after scribing the check report FIR of the incident was lodged at about 8.30 A.M. in the police station, inter alia, that during the last Holi festival Chandrika and others were seeing 'Jogira' dance (a local dance form exhibiting vulgarness) in front of the house of their ploughman Hiyatoo. He after mid night asked them to stop the dance as young girls and women were in the house whereupon Chandrika, Vindhyachal and others slapped him. On hearing this, the first informant, Surendra Lal, his father Shiv Kumar Lal, Vidya Prasad, Ram Tirath, Ram Jiyawan, Ram Deen and others reached there and supported Hiyatoo, the ploughman. Upon intervention by the villagers, Chandrika and others stopped the dance and went to their houses; that during the last rainy season Chandrika also caused injuries to the wife of his ploughman Nagai. He also got a false report written under Sections 107/116 Cr.P.C. against the father of first informant, Indrasen, Vidya Prasad and Ganga Prasad. Pursuant to the report under Sections 107/116 Cr.P.C. proceedings were instituted against both the parties which were pending at the relevant time.