STATE OF UTTAR PRADESH Vs. BABOO RAM

JUDGEMENT

(1.) The respondents Babu Ram and Munendra alias Munendra Pal were charged, prosecuted and acquitted under Section 307/34 IPC and the respondent Suresh Kumar was charged, prosecuted and acquitted under Section 307 IPC. The trial was conducted by Sri. S. R. Sagar IVth Additional Sessions Judge, Pilibhit, who passed the order of acquittal on 21-4-1980 Feeling aggrieved by the aforesaid order of acquittal the State of U. P. has filed the present appeal.

(2.) The prosecution case as has emerged from the recitals contained in the first information report and the evidence adduced during trial, is as under :

(3.) The informant Haridwar Prasad (PW 1) was the Manager of the farm of Smt. Santoshi Devi wife of the victim Radhey Shyam (PW 2). Smt. Santoshi Devi is alleged to have purchased some land through a sale-deed from respondent Babu Ram. Babu Ram in respect of that land, is said to have filed a case under Section 145, Cr. P.C. which he is alleged to have lost. Thereafter he and the Society, of which he was Secretary, with respect to the same land, are said to have filed case in the Civil Court. That case was said to have been pending at the time of the incident.