STATE Vs. DIDAR SINGH

JUDGEMENT

(1.) This criminal appeal u/s 378 Cr.P.C. has been filed by State of U.P. against respondents 1. Dildar Singh, 2. Baldev Singh, 3. Veer Singh, all sons of Gian Singh, resident of village Athkona, P.S. Madhotanda, District Pilibhit, 4. Darshan Singh, 5. Gian Singh, sons of Basawa Singh, 6. Subba singh, son of Mangal Singh and 7. Jhanda Singh, son of Subba Singh, resident of village Safda, P.S. Madhotanda, District Pilibhit, against the impugned judgment and order dated 16.5.1983, passed by learned Sessions Judge, Pilibhit in S.T.No.176 of 1982 State Vs. Didar Singh and six others (Crime No.88 of 1982, u/s 147, 148, 302/149, 326/149, 324/149 and 323/149 IPC, P.S. Madhotanda, District Pilibhit, whereby he has acquitted all the aforesaid respondents from the charges framed under the aforesaid sections of IPC.

(2.) The impugned judgment and order has been challenged on the ground that it is against the law and facts of the case, which has resulted in miscarriage of justice.

(3.) The prosecution case, in nutshell is that Hajara Singh, hereinafter called the deceased has a Jhala in village Athkona, P.S. Madhotanda, District Pilibhit adjacent to this Jhala towards north, the agricultural field of accused respondent Didar Singh exists. Parallel to it, towards north the agricultural field of Hajara Singh exists. The tubewell Nali flows in north-south direction at the western end of aforesaid agricultural fields of Didar Singh and deceased. It is said that at about 4:00 P.M. on 30.6.1982, the day of incident, Didar Singh had broken part of the bank of said Nali which ensued some hot altercation and marpeet in between Didar Singh and Jaswant Singh (P.W.1), the son of the deceased. Ultimately, Didar Singh left the scene after extending threats to the first informant to teach him a lesson and to take revenge. At about 9:00 P.M. on the same day accused respondent Didar Singh, Bira Singh and Jhanda Singh armed with swords, Subba Singh armed with Ballam while Baldev Singh and Gyan Singh armed with lathis reached on the Jhala of Hajara Singh where he was sitting alongwith his son Jawant Singh (P.W.1), daughter Darsan Kaur (P.W.2), Raj Kaur, Boby and wife of Sarjeet Kaur. A guest Pritam Singh was also there sitting in the Sahan. Didar Singh hurled abuses. Hajara Singh asked them to desist from there. At this stage, all the aforesaid accused attacked Hajara Singh. Jaswant Singh, Darsan Kaur, Boby and Pritam Singh tried to intervene whereupon all those persons were also inflicted injuries. Hajara Singh picked up his sword and his son Jaswant Singh picked up lathi and they exercised their right of self defence. However, after sustaining injuries, Hajara Singh fell down and died at spot. Accused persons picked up the dead body of Hajara Singh and carried it towards their house. However, on hue and cry Guljar Singh and another the relations of deceased shouted and rushed up towards accused whereupon accused left the dead body in the vacant field of the deceased lying towards north of filed of Didar Singh and managed their escape. The dead body of deceased, according to prosecution, was kept on a cot and was brought to the Jhala of the deceased from his field. Jaswant Singh, Darsan Kaur and Pritam Singh went to P.S. Madhotanda on a Dunlop Cart. Jaswant Singh got written report Exhibit Ka-1 scribed by the Pond Moharrir and handed it over to the police. On the basis of the aforesaid written report Exhibit Ka-1 Athar Hussain, constable clerk (P.W.4) drew the chik report Exhibit Ka-4 and registered the case in the General Diary at 12:15 A.M.3 in the night of the incident, copy of the G.D. entry is Exhibit Ka-5.