STATE OF U.P. Vs. ARVIND PRAKASH

JUDGEMENT

(1.) This appeal has been filed by the State of U.P. against the judgment dated 12-4-1979 by Sri R.P. Jain, Sessions Judge, Etawah acquitting the accused Arvind Prakash from the charge under Sec. 302 Indian Penal Code.

(2.) According to the prosecution allegations, accused Arvind Prakash is a resident of Nagla Tor, Police Station Jaswant Nagar, District Etawah. His elder brother Satya Prakash was murdered on 9-2-1977. Hari Shanker and Jagdish Narain, who were the residents of the same village, were alleged to have committed the murder. They were prosecuted for the same: However, no charge was framed against Jagdish Narain and he was discharged. The other accused, namely Hari Shanker, was being tried when the present occurrence took place on 23.5-1978. It is said that the accused respondent Arvind Prakash was inimical to Jagdish Narain due to the murder of Satya Prakash. It is said that on the day of occurrence i.e., on 23-5-1978, there was a feast at the house of Pt. Laxmi Narain, resident of Nagla Saledi in connection with the marriage of his son. Deceased Jagdish Narain as well as Mukesh and Krishna Murari had gone to attend the feast. They were returning from that place and at about 6.30 P.M. had reached near the pakar tree standing in front of the Baithak of Raja-Beta. Accused Arvind Prakash, who was present near that tree, fired a shot from country made pistol causing injuries to Jagdish Narain on his back. Jagdish Narain fell down and died on the spot. It is said that witness Mahabir Prasad was at that time sitting at his door and Maya Prakash, Ram Nath and Satya Prakash, P.Ws., were also present there. On seeing the occurrence, they rushed towards the scene of occurrence but the accused Arvind Prakash ran away and could not be caught. Mahabir Prasad (P.W. 1) then wrote a report and reached the police Station Jaswant Nagar which is situated at a distance of about six miles from the place of occurrence. The F.I.R. was lodged at 9.15 P.M. on 23-5-1978 itself.

(3.) After the case was registered by Head Constable Maharaj Singh (P.W. 5), Inspector Jagat Dhari (P.W. 8) started the investigation of the case. He reached the scene of occurrence along with other police personnel at about 11.00 P.M. The Investigating Officer recorded the statement of Mahabir Prasad. He prepared the inquest report of the dead body at 12.10 A.M. on 24-5-1978. The dead body was entrusted to Constables Jai Narain Pandey and Suresh Chandra along with necessary papers for taking the same to Etawah for post-mortem-examination. The Investigating Officer took in his possession the clothes etc., from the dead body. He also took in his possession the blood stained and pLaln clay from the place of occurrence. All these articles were sealed and memos were prepared in respect of the same. The Investigating Officer recorded the statements of Mukesh Kumar, Krishna Murari, Satya Prakash, Maya Prakash and Ram Nath. Thereafter, the site plan Ext. Ka-18 was prepared after local inspection. As the accused was not traceable, proceedings under Sections 82/83 Cr. P.C. were initiated against him. He, however, surrendered in court on 16-6-1978. Charge sheet was submitted against the accused on 16-6-1978.