STATE OF U P Vs. CHOTEY LAL

JUDGEMENT

(1.) THE appellant State has filed this appeal against the judgment and order dated 23 -5 -1984 passed by Sessions Judge, Non -Metropolitan Area (Kanpur Dehat) in Sessions Trial No. 403 of 1981, State v. Chotay Lal, Suraj Prasad and Muniya @ Gyan Prakash, Sessions Judge has acquitted the respondents -accused of the charge under Section 302 read with 34 I.P.C., P.S. Sikandra, District Kanpur Dehat.

(2.) THE factual matrix of the prosecution case were that on 13 -7 -1981 at 5.00 or 6.00 p.m. Chotay Lal and his son Suraj Prasad were mending the boundary of their field, adjacent to the field of informant Lala Ram P.W. 2, denuding the maize crop of the informant. Jagdishwar, brother of informant told the accused to desist from mending the boundary on which the two accused Suraj Prasad and Chotay Lal hurled abuses on him. The shouts of the tirade attracted Lala Ram (informant), Narain, Tula Ram P.W. 4 and they pleaded for Panchayat but the tiradic altercation increased and ultimately Suraj Prasad and Chotay Lal left the place, returned to their house throwing a challenge to see each one of them. Soon thereafter informant P.W. 2, Narain, Tula Ram P.W. 4 and Jagdishwar (deceased) were coming back to village. The three accused Suraj Prasad armed with his licensed gun, his father Chotay Lal and brother Muniya @ Gyan Prakash both armed with Kantas emerged from the field exhorting and Suraj Prasad fired from his licensed gun towards prosecution side, which hit the deceased Jagdishwar. The deceased fell down in the drain of the tubewell. Chotay Lal and Muniya @ Gyan Prakash then assaulted the deceased with Kantas, as a result of which he died on the spot. Tulsi Ram, resident of the same village was trying in vain to stop the accused. Thereafter the accused persons made their escape good in the forest. Lala Ram, informant, P.W. 2 got the report scribed through Pyare Lal Rajput and lodged it at the police station Sikandra on the same day at 11.45 p.m. covering a distance of 7 K.ms. south. Head Constable, Raj Narain Tiwari prepared the chik, Ex. Ka -3 and G.D. Ex. Ka -4. Rishi Pal Singh, P.W. 5, S.O. of police station Sikandra started the investigation, recorded the statement of the informant at the police station itself and proceeded for the spot. At 7.00 a.m. next day, he conducted the inquest, Ex. Ka -5, prepared other relevant papers Ex Ka 6 to Ex Ka 9 and dispatched the body for post -mortem through constable Lal Bhadur P.W. 3 and Chowkidar Sundar Lal. He made a spot inspection and prepared site plan, Ex. Ka 10 at the pointing out of informant P.W. 2 and made recoveries of blood and cartridges and prepared recovery memos Ex. Ka -11, Ex. Ka -12 and Ex. Ka -13, and after completing the investigation submitted the charge -sheet, Ex. Ka. 15, against the accused.

(3.) THE prosecution in support of its case examined six witnesses during the trial out of whom informant Lala Ram, P.W. 2 and Tula Ram P.W. 4 were the eye witnesses. Rest of the witnesses Dr. R.B. Mehoratra P.W. 1, Constable Lal Bahadur P.W. 3, S.O. Rishi Pal Singh P.W. 5 and constable Lal Bahadur P.W. 6 were the formal witnesses.