STATE OF U P Vs. PUSSA SHITAL

JUDGEMENT

(1.) Sessions Trial Nos. 79 of 1977 and 187 of 1977 were decided together by judgment and order dated 14th September 1981, passed by Sri L.S.P. Singh, IV Additional Sessions Judge, Kanpur. The accused in Sessions Trial No. 79 of 1977 were five, namely, Pussa, Sunder Lal, Ram Prasad, Saheb Lal and Battu Lal. It was one Kali Charan who was tried in the other Sessions Trial No. 187 of 1977. All of them were afforded the benefit of doubt and acquitted whereagainst these two appeals have been lodged by the State. The charges against Pussa, Sunder Lal, Ram Prasad and Kali Charan were under Section 302/149, 307/149 and 395 I.P.C. There was also charge of Section 120-B read with Section 302 I.P.C against all the six accused respondents, namely, Pussa, Sunder Lal, Ram Prasad, Saheb Lal, Battu Lal and Kali Charan.

(2.) The incident took place in between the night of 27/28.2.1976 at about 1.30 O' clock in village Jagdishpur, Police Station Mangalpur, District Kanpur and the F.I.R. was lodged on 28.2.1976 at 9,15 A.M. by Surendra Kumar Awasthi (PW 2). Ram Narain died in the incident and Mohan Lal and Mahalaxmi sustained injuries. A dacoity was also allegedly committed at the house of Surendra Kumar Awasthy.

(3.) The broad features of the incident may be related. Ram Narain deceased was the son of Mohan Lal (PW 4) and the informant Surendra Kumar (PW 2) is the real brother of the deceased. Mohan Lal had five sons including Ram Narain. All of them lived with him in one and the same house in village Jagdishpur. There was litigation regarding some land between Mohan Lal and accused Sunder Lal. Accused Pussa was on the side of the accused Sunder Lal. Accused Ram Prasad is the son of accused Pussa. Pussa had also given evidence against the informant in a case of causing mischief by fire. This was the previous background.