STATE OF U P Vs. NANKU PATEL

JUDGEMENT

(1.) THE State has preferred this appeal against judgment of acquittal recorded by Sessions Judge, Banda on 13 -1 -1998 in S.T. Nos. 92 of 1997 and 116 of 1997 which were tried together. The first two respondents Nanku Patel and Heera Lal were accused in the first mentioned sessions trial whereas Baura alias Rama Kant was accused in the latter sessions trial.

(2.) THE facts may be stated briefly. One Salig Ram was murdered in this incident on 21 -12 -1996 at about 4.30 p.m. near Primary Pathshala in village Mungaura which was eight kms. away from the Police Station Naraini and F.I.R. was lodged by his son Vijai Kumar Misra PW 1 who claimed himself to be an eye -witness the same night at 8.30 p.m. Only Nanku Patel and Heera Lal were named in the F.I.R. It was stated that there were two other unknown assailants. One Satya Narain brother of Nanku was murdered in 1993 and he suspected that it was deceased Salig Ram who was instrumental in getting him murdered and he very often used to say so. For this reason, Nanku Patel and deceased Salig Ram were not on speaking terms. On the eventful day, the deceased with his son Vijai Kumar PW 1, one Raj Kishore Tiwari and Shiv Narain Dixit PW 2 was coming from his paddy field. Salig Ram was a bit ahead of other persons. When these persons reached in front of the field of Nanku near Primary Pathshala, they saw that the accused Nanku armed with DBBL gun, Heera Lal with rifle and two unknown persons armed with lathis were standing there. On spotting Salig Ram, Nanku exhorted his companions shouting aloud that he was the person who got killed his brother and he should not be spared. All the accused then encircled Salig Ram. Nanku fired on him which caused injuries to him. Salig Ram fell down on the mend of accused Nanku Patel and then Heera Lal fired rifle shot at his chest. The two persons armed with lathis started giving lathi blows to him and Nanku again fired from his DBBL gun on his face. The complainant with others raised alarm attracting several persons from the village. The accused ran away towards the river. Salig Ram died on the spot. A cot was brought from the village and his dead -body was taken to his door from safety point of view.

(3.) AUTOPSY on the dead -body of the deceased was conducted on 22 -12 -1996 at 4 p.m. by Dr. D.C. Srivastava PW 6. The deceased was aged about 45 years and about one day had passed since he died. The following ante mortem injuries were found on his person: