STATE OF U P Vs. HAR SWARUP SARASWAT

JUDGEMENT

(1.) THESE two Government appeals are connected with each other having arisen from the judgment dated 22 -12 -1980 passed by IVth Additional Sessions Judge, Farrukhabad in S.T. Nos. 324 of 1979 and 33 of 1980 which were tried together. The respondent in Government Appeal No. 1262 of 1981 is Har Swaroop Saraswat whereas respondents in Government Appeal No. 1265 of 1981 are Hirday, Deepak, Deputy alias Gopal Manohar, Om Prakash, Ram Autar and Balram. All of them came to be acquitted inter alia for rioting and murder by the impugned judgment. There was another accused Ashok (besides the above named seven) whose case had been separated. The accused -respondent Deputy alias Gopal Manohar died during the pendency of the appeal and the same abated in respect of him under order dated 17 -8 -2005. We propose to decide both the appeals together.

(2.) THE relevant facts as emerging from the F.I.R. and the evidence adduced in the Court may be set forth for appreciation of subsequent discussion. The incident occurred on 9 -3 -1979 at about 8.30 p.m. on Bank Road in Mohalla Mahavirganj, Police Station Kotwali, District Farrukhabad and the written F.I.R. was lodged by Kali Charan PW 1 (father of deceased Chandra Prakash alias Chandru) the same night at 9.15 p.m. He claimed himself to be an eye -witness. The deceased Chandra Prakash alias Chandru was elected as manager of Pt. Durga Prasad Badri Prasad College about 2 -2 1/2 months before the incident. The accused Har Swaroop Saraswat who was a member of erstwhile management committee of the college did not like it. He had offered threats to the deceased to put an end to his managership on the point of gun. The proceedings under Sections 107/116 of Cr. P.C. had also been initiated by the police of P.S. Kotwali on the basis of the said threat. The accused Ram Autar and Balram were teacher and peon respectively in the said College. Earlier they were the henchmen of Har Swaroop Saraswat but later on pretended to be friendly with Chandra Prakash alias Chandru, deceased.

(3.) THE defence was of denial and false implication.