STATE OF U P Vs. CHEDA

JUDGEMENT

(1.) The State has lodged this appeal against the judgment of acquittal dated 29.6.1981 passed by Sri B.K. Sharma, the then IV Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 106 of 1980. Chheda and 14, others (total 15 persons)-accused respondents were tried for committing various offences including rioting, murder, attempt to murder and causing hurt.

(2.) A brief reference to the factual position would suffice. The incident rook place on 17.7.1979 at about 6 P.M. in village Lidhaua, Police Station Katra, District Shahjahanpur and the F.I.R. was lodged on 18.7.1979 at 5 A.M. by Ram Swamp PW 5. One Chandra Kali lost her life in the incident having received gunshot injuries. The injured of the felon) were five others, namely, Kamla Devi, Khem Karan. Rameshwar, Ram Singh and Chhidammi. The root cause of the incident was the uprooting of pegs (meant for tying cattle) by Chheda accused from the land situated in the eastern side of the house of the complainant. claimed by the prosecution side. Rameshwar injured had allegedly objected to it. He was allegedly assaulted by Chheda with lathi. Other accused allegedly joined him. Others coming to the rescue of Rameshwar were also targeted. Chandra Kali deceased was the mother of the complainant. Rameshwar, Ram Singh and Ram Swarup complainant are brothers. Khem Karan is their uncle. Chhidammi is the son of Knem Karan Kimla is the wife of Ram Singh.

(3.) The inter se connection of the accused persons may also be noted. Har Dayal, Behari and Raggu were alleged to be three brothers. Gulzan accused and one Munna were sons of Har Dayal. Vir Pal, Ram Nath and Ram Khilauna accused are: the sons, of Gulzari accused. Jagdish and Ram Swamp accused, are the sous of said Munna. Dular was the son of Behari. Kallu and Banwari accused are the sons of said Dular. Ajuddhi accused is the son of Raggu aforesaid, Bhagwannu and Jamadar accused are the sons of Ajuddhi accused. Neetu Pirthi and Tilok were were brothers inter se, Chheda accused is the son of Pirthi. After the death of Pirthi, the mother of Chheda remarried with Neetu and by that remarriage Khayali and Kesari were born to Her. Balak Ram and Shri Ram accused are the sons of said Khayali Prahlad, a resident of the same village Lidhaua was son of Behari.