STATE OF U P Vs. JAHAR SINGH

JUDGEMENT

(1.) THIS government appeal has been filed against the judgment and order of acquittal dated 18.2.1983 passed by Sessions Judge, Jhansi in S.T. No.238 of 1982 "State Vs. Jahar Singh and Balu Singh", under Sections 302 and 109 I.P.C., P.S. Raksa, District Jhansi, acquitting both the accused of charges framed against them under Sections 302 and 302/109 I.P.C. respectively.

(2.) PENDING appeal it was reported that accused -respondent no.2 Balu Singh has died so appeal against him stands abated and is pending against the sole surviving accused Jahar Singh.

(3.) THE brief facts relating to the appeal are that Moti Ram, lodged a F.I.R. on 1.7.1982 at P.S. Raksa District Jhansi, against accused Jahar Yadav, Balu Yadav, wife of Jahar Yadav and Rati Yadav under Sections 457/380 I.P.C. with the allegations that "last night he had gone to attend death of some relation and when returned at 05:00 a.m., found that lock of his Kothari was broken and his single barrel licensed gun no.4861 -71 was missing, and since his neighbours were absconding since then, believing them to have stolen his gun, he lodged the F.I.R. After 26 days on 26.7.1982 he lodged another F.I.R. at P.S. Raksa at about 3:45 p.m. against first two accused of earlier F.I.R. Jahar Singh Yadav and Balu Yadav with the allegations "that after taking accused Rati Ram of earlier F.I.R. into confidence, he got assurance of Rati Ram that he will help him in getting the gun returned. Upon his assurance, he accompanied with Siya Ram Pradhan, Narayan, Janki Das, Ganesh Ju and Laxman Singh went for search and found Jahar Singh Yadav, Rati Ram and Balu Yadav at the hillock near Gangoni, and asked for his gun. When Rati Ram also asked Jahar to return the gun, he and Balu Yadav tried to push him down on which, he tried to snatch the gun on which Jahar Singh Yadav fired at and caused injuries to Rati Ram. As they called and chased Jahar Singh Yadav and Balu Yadav, several people from village Gagoni and Varuvapura arrived, seeing whom Jahar Singh Yadav and Balu Yadav throwing away the gun fled away and injured Rati Yadav, on way to police station, by bullock cart, breathed his last near Gagoni Panchayat Ghar. The 12 bore single barrel gun No.4861 -71 is being submitted."