STATE OF U P Vs. PARSHOO RAM

JUDGEMENT

(1.) This Govt. Appeal has been moved by the State challenging the judgement and order of acquittal as against Parsoo Ram accused, dated 8th December 1981 passed by the learned 2nd Additional Sessions Judge, Gorakhpur in Sessions Trial No. 119 of 1981 ( State Vs. Jai Ram and three others), under sections 302/34 I.P.C. of Police Station Gola, District Gorakhpur.

(2.) We have heard Shri D.I. Faridi learned A.G.A. on behalf of the State, Shri M.K. Gupta learned counsel on behalf of the accused respondents and gone through the impugned judgement of acquittal.

(3.) As per prosecution version, there existed old enmity on account of litigation between the complainant Surya Bhan Maurya and the accused persons. According to the prosecution, the motive of the occurrence was attributed to the old enmity. The first information report narrates that the complainant is resident of village Baroh. In the night of 29/30th October 1979, the complainant and his father-Sri Ram Kumar Maurya accompanied with a relative Ram Gati returned to their house at 12.30 A.M. after irrigating their fields. The complainant, his brother Brij Bhan and the above relative Ram Gati were sleeping in the Osara of the Bangla, while the father of the complainant was lying on the cot near Charhi or through cattle outside. At about 1 O'clock in the night the accused Jai Ram armed with a Gandasa and his brother the accused Parasu Ram armed with a Ballam, accused Sri Prakash armed with a lathi, and the latter's father namely accused Ram Bilas armed with Pharsa arrived there. The accused persons are alleged to hve surrounded the Charpai on which the complainant's father was sleeping near Charpai. The accused Ram Bilas dealt a blow with his Pharsa on the head of the complainant's father. The complainant's father uttered "KAA HO BILLAS YEE KAA KAILA". The complainant then raised alarm " DAURO PANCHO BACHAO MAAR DARLE". On hearing of hue and cry, the villagers Tilakdhari, Hardwar, Ram Asre etc. reached the place of occurrence. The complainant's father tried to run away, but he fell down at a distance of 2-3 feet from the 'Charpai'. In the meantime Parsoo Ram accused inflicted a Ballam blow on the chest of Ram Kumar. The accused Jai Ram started to cut the throat of Ram Kumar by Gandasa. The accused Sri Prakash fired a shot with his Katta at the time of the retreat of the accused persons. The complainant and the witness had seen this occurrence from a distance of 15-20 steps in the light of the moon and that of torches. The accused persons after committing the murder ran away towards the southern direction.