STATE OF U P Vs. SATYENDRA ALIAS DURGA

JUDGEMENT

(1.) THE State has come up in appeal against the judgment and order dated 19 -2 -1981 passed by Sessions Judge, Basti, in S.T. No. 350 of 1980 State v. Satyendra @ Durga & Ors., by which he has acquitted the accused respondents namely, Satyendra @ Durga, Indra and Deo Nath for the offence under Sections 302/34, I.P.C., Police Station Kulwari, District Basti.

(2.) THE prosecution allegations were that Shiv Bansh Pandey (deceased) was the resident and Pradhan of Village Semra Chigan, P.S. Kalwari, District Basti. There was dispute of Pradhani between him and accused respondents. Four years earlier, the respondents accused got him suspended from the post of Pradhan but the deceased obtained a stay order through a writ petition from the High Court. However, accused respondent Satyendra got himself declared as Pradhan and started looking after the work of that office. Deceased had filed a complaint in the District Court at Basti against this wrong usurpation of office by accused Satyendra @ Durga.

(3.) THE prosecution examined total five witnesses to bring home the guilt of accused out of which three were eye -witnesses P.W. 1 informant Vishwanath, P.W. 3 Parmatma Prasad and P.W. 4 Ramesar. P.W. 2 was the Head Constable who had recorded the FIR and had prepared the GD entry and P.W. 5 is the Station Officer, the second I.O. who has submitted charge -sheet against the accused in Court.