LAWS(ALL)-2014-4-494

STATE OF U P Vs. HARI PAL

Decided On April 29, 2014
STATE OF U P Appellant
V/S
Hari Pal Respondents

JUDGEMENT

(1.) THIS Government Appeal has been preferred against the judgement and order of acquittal dated 02.04.1984 passed by IVth Additional Sessions Judge, Aligarh, in Sessions Trial No. 282 of 1983, State Vs. Har Pal and others, under Sections 302 read with Section 34, P.S.Atrauli, District Aligarh, acquitting all the accused -respondents.

(2.) THE brief facts relating to the appeal are that an F.IR. was lodged by one Pala Ram on 12.11.1982 at 9.45 a.m. at P.S. Atrauli, District Aligarh with allegations that in the night of 11th and 12th November, 1982 at 3.00 a.m. when his elder brother Kishan Lal was sleeping in verandah of his house situated in village Haibatpur, the accused -respondents came from the roof and beaten him to death. On alarm he as well as witness Chhiddoo son of Kalyan, Rajbir son of Khacheru, and Ram Swarup son of Tej Pal arrived and recognised them while the forth accused fled away from the place of occurrence, and could not be recognised on the spot. In order to prove his case, the prosecution produced complainant Pala Ram as P.W.1, eye -witness Kalyan as P.W.2, the medical officer, who conducted post -mortem Dr. Raj Kumar as P.W.3, Constable 1246 Rambir Singh as P.W.4, Head Constable No.23 Amar Singh as P.W.5 and Investigation Officer Sheobir Singh as P.W.6.

(3.) THE trial judge after analysing the oral as well as documentary evidence on record disbelieved the prosecution case and finding that the prosecution is highly doubtful for want of source of light and reliable evidence, held the accused -respondents are not found guilty of the charges under Section 302 read with Section 34 I.P.C. and accordingly passed order of acquittal of all the three accused -respondents.