STATE OF U P Vs. DAL CHAND

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment and order dated 31 -10 -1980 passed by Sri B.I.S. Sodhi, I Additional Sessions Judge, Bareilly in Sessions Trial No. 78 of 1980 acquitting the accused respondents, namely, Dal Chand, Kalyan, Asharfi Lal, Brijpal, Lakhpat and Dhakan of the charges under Sections 147, 148, 302 read with Section 149 I.P.C., 323 I.P.C. read with Section 149 I.P.C. and 201 I.P.C.

(2.) THREE accused respondents, namely, Dal Chand, Kalyan and Dhakan have died during the pendency of the appeal and the same has abated in respect of them under order dated 21 -2 -2005. Presently, the Court is concerned with the remaining three accused respondents.

(3.) THE complainant had suffered several injuries on his person and was sent for medical examination. A case was registered and investigation followed as usual. Reaching the spot, the Investigating Officer found the dead -body lying on the Mend of sugarcane field of Natthu. He deputed PW 4 S.I. Babu Ram Diwakar for preparation of Panchayatnama of the dead -body and busied himself in interrogating the witnesses of the occurrence and in other activities related to investigation. The same day, he went to village Dalpatpur and searched the house of Kalyan and recovered the bloodstained lathi which was cut in three pieces and was taken in possession. Blood stained lathis was recovered from the houses of Dal Chand and Brij Pal also which were taken in possession by the Investigating Officer. From the house of Dhakan also, a bloodstained lathi was recovered and taken into possession.