STATE OF U P Vs. MAHENDRA PRATAP SINGH

JUDGEMENT

(1.) THIS is a Government appeal filed on behalf of the State from judgment and order dated 9th of October 1980 passed by Sessions Judge Jhansi in Sessions Trial No. 135 of 1975, State v. Mahendra Pratap Singh, acquitting the accused of the charge levelled against him under Sections 304 Part -II, 307 and 324 I.P.C. and Section 25 of the Arms Act.

(2.) BRIEF facts giving rise to this appeal are that at 1.40 p.m. on 12th of February 1975 Laxman Das lodged an F.I.R. at Police Station Lalitpur alleging that he and his brother Prahlad used to run their buses and at about 1.00 p.m. that day they had gone to bus stand Lalitpur to see that their bus No. USG 5519 scheduled to start from Lalitpur bus stand at 1.10 p.m. starts in time; that Bus No. MPR 5393 used to reach Lalitpur bus stand at 12.45 noon and to leave the bus stand at 1.00 p.m. after taking passengers for Jhansi; that day that bus got late in reaching the Bus Stand by 15 minutes or so and did not leave the bus stand upto 1.10 p.m.; that then Prahlad asked the driver of that bus to take his bus so that they may get their bus ready to leave the bus stand as time of that bus was already over; that thereon Mahendra Pratap Singh told that his luggage kept over the bus was being unloaded and that bus will not start till entire luggage would be taken down and that thereon Prahlad took exception thereto as the passengers sitting in his bus started shifting to that bus MPR 5393 which was causing loss to him. Thereon Mahendra Pratap Singh got annoyed and fired at Prahlad with licenced rifle thereby causing injuries to Prahlad and one Ram Ratan, Dhanna Lal and one other standing nearby. Immediately Laxman with the help of one Shambhu Dayal, Shikhar Chandra, Vimal Kumar, Mangal and his driver Matin caught hold of Mahendra Pratap Singh alongwith the rifle; and in the meanwhile some one threw a stone at Laxman Das hitting him at his head. Immediately injured Laxman Das taking his injured brother Prahlad and other injured Devendra and Dhanna Lal in a push -cart went to the Civil Hospital Lalitpur situate adjacently where they were medically examined by Dr. S.P. Singh Medical Officer between 2.00 p.m. to 3.00 p.m. In the meanwhile injured Ram Ratan also reached the Hospital and he was also medically examined by Dr. S.P. Singh at 3.15 p.m. there. After leaving the three injured including his brother Prahlad at Civil Hospital Lalitpur Laxman Das got report of the occurrence scribed by one Vimal Kumar and sent him alongwith other persons apprehending Mahendra Pratap Singh alongwith the rifle with which he fired to the police station. On reaching the police station at a distance of about 1 -1/2 furlongs from the Hospital Vimal Kumar handed over written report of the occurrence to the police there and also handed over Mahendra Pratap Singh alongwith his rifle to the police. HC Sukhram Singh prepared check report of the occurrence on the basis of the written report handed over to him at the police station and made entry regarding registration of the crime in the GD (Exts. Ka -31 and Ka -32). He also prepared memo of the rifle alongwith the cartridges handed over to him there (Ext. Ka -27). Accused Mahendra Pratap Singh was confined in the lockup at the police station.

(3.) MEDICAL examination of injured Devendra Singh revealed below noted injuries on his person: