STATE OF U.P. Vs. CHIRAUNJI LAL

JUDGEMENT

(1.) This Government Appeal No. 1641 of 1983, under Section 378 Cr.P.C. and Criminal Revision No. 789 of 1983, under Sections 397 and 401 Cr.P.C. have been filed against the impugned judgment and order of acquittal dated 25.3.1983 passed by the then IInd Addl. Sessions Judge, Allahabad in S.T. No.92 of 1981 (State Vs. Chiraunji Lal and two others ) acquitting the accused-opposite parties of the charge framed against them under Section 302/34 I.P.C. Since both the aforesaid Government Appeal and Criminal Revision emanate from the common judgment and are entwined by same facts and law, therefore, they have been heard together and are being decided by this judgment.

(2.) The aforesaid impugned judgment dated 25.3.1983 has been challenged on the ground that it is based on conjectures and surmises. The impugned judgment is perverse and against the weight of evidence on record. It is against the law and facts of the case. The learned trial Court has not followed the settled principles of appraisal of evidence while appreciating the evidence of witnesses on record, therefore, a grave injustice has been caused in acquitting the accused-respondents.

(3.) The first informant Tara Chand son of Ram Dulare resident of village Ganpa, P.S. Saini, District Allahabad lodged a written report with Police Station Saini, Allahabad with an accusation that he had a bicycle repairing shop in Gulamipur Bazar which is looked after by his brothers Prem Chand and Madan Chand. Village Nanwai P.S. Kokhraj is situated at a short distance from his village. In the same Gulamipur Bazar, there is a 'Parchoon' shop of Chiraunji Lal and Makhan Lal sons of Babu Lal. Babu Lal is a licensee of DBBL gun. A propaganda arose about two years ago that Kusum Devi daughter of aforesaid Babu Lal had illicit relations with Prem Chand , the brother of first informant due to which she conceived pregnancy which was got aborted by her brothers Chiraunji Lal and Makhan Lal. Due to aforesaid stigma nobody is prepared to marry Kusum Devi as a result of which, aforesaid Chiraunji Lal and Makhan Lal sons of Babu Lal and Raja Ram son Panna Lal cousin of Babu Lal bore grudge against Prem Chand.