STATE OF U P Vs. VIRENDRA SINGH KURMI

JUDGEMENT

(1.) IN Sessions Trial No. 536 of 1981, the accused respondents Virendra Singh, Bachchi Lal and Bachchi Lal's son Ashwani Kumar were acquitted on 27 -8 -1982 by Sri R.C. Awasthy, the then Sessions Judge, Fatehpur of the charges under Sections 302, 302/34 and 307/34 IPC. The State has preferred this appeal there against.

(2.) THE relevant facts may be stated shortly. The incident occurred on 6 -6 -1981 at about 11 a.m. in village Jaam, P.S. Dhata, District Fatehpur and the report was lodged the same day at 2 p.m. by Kunwar Bahadur Singh PW 4. The deceased was Kunwar Bahadur's son Mohan Lal and Sohan Lal - another son of Kunwar Bahadur sustained injuries. About seven biswas land of Kunwar Bahadur was encroached in the chak of accused Bachchilal's father Mahabir. About 1 -1/2 months before the incident, the lekhpal and other respectable persons of the village had got the same delivered to Sohanlal PW 2 who had sown Moong in it. A day before the present incident the three accused persons allegedly got the crop of Moong grazed by their cattle. Sohanlal and Mohanlal thereupon went to the field and asked the accused persons not to do so. They were threatened by the accused who challenged that they would see as to who could cultivate the land.

(3.) SOHANLAL was examined at P.H.C. Dhata the same day at 3 p.m. by Dr. Mehtab Singh PW 1. He found the following injuries on his person: