STATE OF U P Vs. DURGA YADAV

JUDGEMENT

(1.) The State has preferred this appeal against the judgment and order dated 29.4.1982 passed by Sri B.D.Maurya, the then VI Additional Sessions Judge, Azamgarh acquitting the accused respondents of the murder of one Ganga Yadav. The accused respondents Durga Yadav, Narsingh Yadav and Jagdish Singh faced trial in Sessions Trial No. 358 of 1980 whereas Mata Prasad Dubey was accused in Sessions Trial No. 20 of 1981 which were tried together. The accused respondent Mata Prasad Dubey died during the pendency of appeal and the same stood abated regarding him under order dated 6.11.2003.

(2.) We state the relevant facts briefly. The incident occurred on 12.8.1979 at about 6.15 P.M. in the locality-Harra Ki Chungi near taxi stand within P.S. Kotwali, Azamgarh. The F.I.R. was lodged at 6.45 PM by an eyewitness Sitai Yadav PW 1. The accused Durga Yadav was the resident of village Abopatti; the accused Jagdish Singh of village Sarfuddinpur; the accused Nar Singh Yadav of village Ukraura and the accused Mata Prasad Dubey of village Azampur, P.S. Kandharpur, District Azamgarh. The first three villages situate within Police Station Kotwali of Azamgarh city. There was a road going from Azamgarh to Doharighat. At the outskirt of the city there was a locality known as Harra Ki Chungi, where there was a taxi stand and to the west of the road was the Eye Hospital. To the north of the boundary of the Eye Hospital was situate the house of Durga Yadav facing east. There were shops of different kinds on both the sides of this locality including a liquor shop. About 1 1/2 months before the present incident, one Sheo Prasad Yadav-real brother of Durga Yadav was murdered. Angad Yadav-real brother of the deceased of the present case (Ganga Yadav) was also an accused in that murder. At the time of the present incident, Angad Yadav was in District Jail, Azamgarh in that connection.

(3.) On 12.8.1979, Sitai Yadav, PW 1 and the deceased Ganga Yadav proceeded from their village Mojrapur to District Jail, Azamgarh to meet the said Angad Yadav. Sitai Yadav PW 1 was driving his cycle on which his name was engraved. The deceased Ganga Yadav was sitting at the front rod in the frame of the cycle. Both of them reached the District Jail late and, therefore, could not meet Angad Yadav there. In the evening, both of them again started back journey to their village and at about 6.15 P.M., they reached Harra Ki Chungi. At that time also, Sitai Yadav PW 1 was driving the cycle and the deceased Ganga Yadav was sitting on the front rod in the frame of the cycle. When they were at the Taxi Stand of Harra Ki Chungi, the accused persons suddenly emerged. Durga Yadav was armed with SBBL gun and Narsingh was carrying a DBBL gun. The accused persons shouted aloud that Ganga Yadav should be caught. They encircled Sitai Yadav PW 1 and Ganga Yadav going on cycle. Mata Prasad and Jagdish Singh accused dragged Ganga Yadav from the cycle and downed him on the ground on western side close to the boundary wall of the Eye Hospital. The accused Durga Yadav fired at Ganga Yadav and then two shots were fired by Narsingh Yadav. Again one shot was fired by Durga Yadav at Ganga Yadav. Ganga Yadav instantaneously died on receiving the injuries. Inarman Yadav PW 2, Prahlad Singh PW 3, Ramjeet Yadav and Harihar Yadav were also present there and saw the incident. Inarman Yadav PW 2 was purchasing fodder for cattle at Harra Ki Chungi while returning to his village after selling milk in Azamgarh City. Prahlad Singh was returning from Brahmsthan after meeting the father-in-law of his sister and had stopped at Harra Ki Chungi for taking tea and betel. Leaving the cycle and the dead body of Ganga Yadav at the place of occurrence in the supervision of Harihar Yadav (the then Manager of the liquor shop), Sitai Yadav PW 1 reached Police Station Kotwali, District Azmgarh where he lodged the F.I.R. by oral narration. Chik F.I.R. was prepared and case registered through entry in G.D. by Head Constable Surya Narayan Singh PW 4 in the presence of Investigating Officer SI Atma Ram Pandey PW 6. The Investigating Officer reached the spot at about 7.30 P.M. He prepared the inquest report of the dead body of the deceased and other necessary papers. The dead body was sealed and sent for post mortem. The site plan of the place of occurrence was prepared and the statements of the witnesses recorded whereafter the chargesheet was laid.