STATE OF U P Vs. KARTAR SINGH

JUDGEMENT

(1.) This government appeal has been preferred under Section 378 Cr.P.C. on behalf of State of U.P. against the accused-respondents, namely Kartar Singh son of Malkhan Singh, Jai Singh son of Chandra Bhan Singh and Bhagat Singh son of Jai Singh. All the aforesaid three accused persons were tried by IIIrd Additional Sessions Judge, Hamirpur in S.T. No. 134 of 1982 under Sections 147, 148, 342 and 302/149 I.P.C. By the impugned judgment and order dated 29.11.1983, accused persons have been acquitted of the charges levelled against them.

(2.) Facts culled out from record in brief are that a litigation between Shambhoo Dayal, the complainant and the accused persons Kartar Singh and Jai Singh was pending in the court of Consolidation in which July 10, 1981 was the date fixed for hearing. On this date, Ram Pal son of Shambhoo Dayal (complainant) had gone for pairvi of the case whereas the complainant along with his daughter and Siya Ram, brother-in-law (Sala) of Ram Pal had also gone to Mahoba market for purchase of some article; that Ram Pal while coming back after attending the court case, met the aforesaid persons near the village Chikahara when accused-respondent Kartar Singh and Jai Singh along with two other unknown persons armed with guns are said to have fired upon Ram Pal; that accused-respondent Bhagat Singh is said to have given some blows of lathi to Ram Pal, who died on the spot at about 6.45 P.M. on 10.7.1981 and the accused persons kept Shambhoo Dayal and his two other associates under confinement for whole of the night and released during early hours of the day, after which they went away from the scene of the occurrence. Thereafter, they came back to their village and got a report scribed which was submitted to the police station, Mahova on 11.7.1981 at 1.30 P.M. On lodging of the FIR, investigation was taken up by S.I. Subedar Singh (P.W. 3) posted at police station-Mahova. He reached at the spot for investigation and took the body of the deceased in his possession, prepared inquest and after completing the formalities he dispatched the body to mortuary. Autopsy was performed on the body of the deceased by Dr.G.S. Pandey (P.W. 4) on July 12, 1981.

(3.) After completion of the investigation, charge sheet was submitted by the Investigating Officer against the accused persons. The case was committed to the court of Sessions Judge, Hamirpur and was registered as S. T. No. 134 of 1982: State Vs. Kartar Singh & others. With the view to prove the case, the prosecution produced in all five witnesses including Shambhoo Dayal (P.W. 1) and Siya Ram (P.W. 2) who gave ocular account of the incident. S.I. Subedar Singh (P.W.3) and Dr. G.S. Pandey (P.W. 4) who had conducted the autopsy were produced as formal witnesses. Besides them two affidavits of witnesses namely, Phool Chandra and Ram Bilas Chaturvedi were filed before the court to prove the case for prosecution. After the testimony of prosecution witnesses, statement of accused persons were recorded under Section 313 Cr.P.C. on 3.11.1983, who claimed to have been falsely implicated and also did not produce any witness in defence.