STATE OF U P Vs. GULAB YADAV

JUDGEMENT

(1.) Heard Ms. Usha Kiran, learned AGA for the appellant-State of U.P., Sri Ram Kher Singh, learned counsel for the respondents-accused and perused the record.

(2.) This government appeal is preferred challenging the validity and correctness of the impugned judgment and order dated 23.1.1984 passed by VI Addl. Sessions Judge, Azamgarh in S.T. No. 158 of 1980 (State Versus Gulab Yadav and others) by which respondents-accused Gulab Yadav son of Sriman, Tilakdhari son of Ganesh and Faujdar son of Bairagi, all residents of village Akbelpur Maraiya, P.S.Mehnagar, District Azamgarh were acquitted of the offences under Sections 307/34 IPC.

(3.) Briefly stated the facts of the prosecution case are that .prior to this incident in the year 1976 a dacoity was committed at the house of respondent-accused Tilakdhari in which Sriman father of respondent-accused Gulab was shot dead by the dacoits. In that case, Ramchet father of first informant Ashok Kumar Yadav, his uncle Shamsher and Kedar were named. They were convicted by the trial Court in the year 1978 but in appeal the High Court acquitted them in the year 1979. The acquittal enraged the respondents-accused in the present case, hence with a view to avenge they on 18.2.1980 at about sun set are said to have committed the offence when Ashok Kumar along with his uncle Shamsher and one Awadhesh went across the river 'Taus' for easing in field and when all the three were sitting scatterly at some distance from each other. Accused Gulab Yadav armed with country made pistol, accused Tilakdhari and Faujdar armed with knives surrounded Shamsher. Accused Gulab fired a shot from the country made pistol on him which struck on his lower back side.Shamsher fell down due to the firearm injury. On hearing the gunshot and cry of Shamsher, Ashok Kumar, Awadesh, Ram dhari, Tribhuwan and others reached at the spot and saw accused Tilakdhari and Faujdar caused injuries on him with knives on his neck and head. Seeing them, all the assailants ran away towards western side after firing a shot with the country made pistol. First informant Ashok Kumar sent injured Shamsher with Ramdhari on a rickshaw to Sadar hospital, Azamgarh and he went to his house in Quasba Sidhari where he scribed a written report of the occurrence and lodged it at P.S. Kotwali, Azamgarh at 7.00 P.M. On the basis of written report, check report was scribed by Head Constable Surya Narain Singh. After making entry in the G.D. the FIR of the incident was registered at case crime no. 133 of 1980 under Section 307 IPC against aforesaid respondents-accused persons.