STATE OF UTTAR PRADESH Vs. DILA

JUDGEMENT

(1.) This appeal has been filed by the State of U.P. against the judgment dated 9-6-1980 by Shri B. B. Agarwal, the then Sessions Judge, Saharanpur, acquitting all the accused persons of the offences under S. 302/149, 323/149, 147 and 148 I.P.C.

(2.) The prosecution case in brief was that deceased Om Pal had purchased some land from one Smt. Mukandi widow of Chhota of village Krishni for Rs. 20,000.00. Accused Dila is not the son of Chhota but he had come to him alongwith Smt. Mukandi. Om Pal was in possession over the land since the time of purchase. Accused Dila disputed the possession of Om Pal. On 27-9-1979 there was an altercation between Om Pal and Dila over the harvesting of the crop standing on the land. Dila at that time had threatened Om Pal.

(3.) It is alleged that at about 12.30 A.M. in the night of 28/29-9-1979 all the five accused persons accompanied by four others came to the house of P.W. Kishan Singh. Dila enquired about the whereabouts of Om Pal and when Kishan Singh kept mum he was hit with lathi by Dila. On the shouts of Kishan Singh a number of persons including Om Pal, Randhir Singh, Geeta Ram, Hari Singh, Balbir and Ved Prakash reached there. Dila exhorted his son Telu Ram to kill Om Pal, on which Telu Ram fired shot with a country made pistol, as a result of which; Om Pal was injured and he fell down and became unconscious. It is alleged that accused Dila was armed with a lathi, Sitam Singh with a knife, Gaje Singh and Ram Pal were armed with guns and, out of the four unknown persons, three were armed with lathi and one was armed with kulhari. The accused then assaulted Kishan Singh, Hari Singh and Randhir Singh also. They then left the scene of occurrence. It is alleged that light of lantern and torches possessed by the witnesses was available at the scene of occurrence. The injured were taken to the hospital at Saharanpur but Om Pal died near the hospital. Hari Singh, Kishan Singh and Randhir Singh were examined of the hospital between 4.30 A.M. and 5.00 A.M. P.W. 2 Geeta Ram lodged the written report at 8.15 A. M. on 29-9-1979. After registration of the case the Investigating Officer prepared the inquest report of the dead body. It was then sent for post mortem examination. The Investigating Officer recorded the statements of the witnesses. He prepared the site plan after local inspection. Later on charge sheet was submitted against all the five named accused persons.