STATE OF U.P. Vs. HUBB LAL

JUDGEMENT

(1.) This Government Appeal No.- 899 of 1982 has been filed by State of U.P. under Section 378 Cr.P.C. against accused Hubb Lal, Surajmal, Sugriv and Pitambar sons of Lakhmi Singh challenging the impugned judgment and order dated 22.12.1981 whereby all the four respondents have been acquitted.

(2.) The impugned judgment and order aforesaid has been challenged on the ground that it is bad in law as well as on facts and as such is liable to be set aside; that F.I.R. is prompt and non-recovery of blood at spot makes no difference in the facts and circumstances of the case because the disappearance of the blood from the field is quite natural when large number of persons had been there at the time and after the occurrence, therefore, non-explanation of the injuries of accused persons would not go to disprove the prosecution case.

(3.) The prosecution case is that parties are collateral related to each other. Accused Hubb Lal, Surajmal, Pitambar and Sugriv, Babu Lal (deceased) and witnesses Rajjan and Chhito belong to one family and are co-tenant in the agricultural property divided into three Khatas, namely, Khata No.- 290-1, 290-2 and 290-3. It appears that Khata No.-290-1 came in possession of Chhito and Rajjan, Khata No.-290-2 in possession of Babu Lal and Khata No.- 290-3 in possession of accused persons. But they wanted also to take forcibly the possession of Khata No.-290-1 belonging to Rajjan and Chhito.