STATE OF UTTAR PRADESH Vs. DHARAMVIR

JUDGEMENT

(1.) This government appeal under Section 378 Cr.P.C. has been filed on behalf of the State of U.P. against the judgment and order dated 27.3.1984 passed by Sri P.K. Jain, Ist Additional Sessions Judge, Ghaziabad in Sessions Trial No. 277 of 1982 whereby the accused persons in the said case have been acquitted.

(2.) The F.I.R. in the matter was lodged by one Dharamvir son of Harvansh Singh Tyagi, wherein it was mentioned that on the last Tuesday at about 7.00 P.M. when daughter of his brother Savita had gone to ease herself, one Devendra Tyagi of the village had molested her and due to this, there were heated arguments between the family of the complainant and Devendra. Since the matter was pertaining to the girl in the family, it was subsided itself. On 9.4.1982 at about 2.30 P.M. the brother of the complainant had gone to the shop of Jeevan Pandit for purchase of Biris. When he was returning, Bateshwar met him near his house and said to Ram Nath that day before yesterday they had abused him and saying this, Bateshwar gave a lathi blow upon him and Ram Nath ran away to rescue himself. In the meantime, with a common intention Dharmvir having gun, Satya Prakash, Devendra, Pramod, Jagvir having Katta and Rajvir having licensed gun came there giving filthy abuses and Dharmvir Singh opened fire from his gun upon Mahavir Singh, due to which he died instantaneously. Hearing the sound of fire, Satyavir, Bandhan Singh, Om Prakash, Onkar Singh, Ram Swaroop and Subhash came on the spot. The F.I.R. of the incident was lodged at Police Station Hapur, District Ghaziabad on the same day i.e. 9.4.1982 at 15.35 P.M.

(3.) Injured Dharmvir, Ram Nath and Km. Chanchal were sent for medical examination and their medical examination was done by Dr. V.P. Agarwal, who found following injuries on the injured persons:-