STATE OF U P Vs. GHOOREY LAL

JUDGEMENT

(1.) THIS is government appeal filed on behalf of the State of U.P. from judgment and order dated 28th of October 1980 passed by IV Additional Sessions Judge Agra in sessions trial No. 472 of 1979 State v. Ghoorey Lal acquitting the accused of the charge leveled against him under Sections 302 and 307 IPC.

(2.) BRIEF facts giving rise to this appeal are that at 6.15 p.m. on 14th of March, 1979 Shiv Charan, uncle of deceased Ghoorey Lal lodged an FIR at police station Barhan, District Agra situate at a distance of 4 1/2 miles from village Garhi Khanjar alleging that in the evening of 14th of March 1979 Chhittar Singh was distributing Gur at the residence of Kanchan Singh, that at about 4.15 p.m. that very evening Shiv Charan and his nephew Ghoorey Lal son of Khacher Singh alongwith Natthi Lal, Yad Ram, Bishambhar and Brij Raj Singh were going back to their respective houses after taking Gur and as they reached near the ”baithak” of Ghoorey Lal son of Mewa Ram who was standing there holding his licensed gun started abusing Ghoorey Lal son of Khacher Singh and fired at him with gun hitting him at his neck causing pellet injury to Brij Raj Singh and that receiving the fatal gunshot injury Ghoorey Lal succumbed to the injury sustained by him on the spot instantaneously. Immediately injured Brij Raj Singh was sent to Civil Hospital, Barhan for treatment. He also mentioned in the FIR that he along with the co -villagers lifted the dead body of Ghoorey Lal on a cot and taking the dead body went to the police station. The police registered a crime against the accused under Section 302 IPC on the basis of the written report handed over by Shiv Charan at police station Barhan and made entry regarding registration of the case in GD (Exts. Ka 14 and Ka 15).

(3.) STATION Officer Brij Pal Singh who took up investigation of the crime in his hands drew inquest proceedings on the dead body of Ghoorey Lal, prepared the inquest report (Ext. Ka 6) and other necessary paper (Ext. Ka 7 and 8) and handed over the dead body in a sealed cover alongwith necessary papers to Constable Meer Hasan and Rajvir for being taken for its post -mortem. He also recorded statements of the witnesses at the police station itself. Then he went to the place of occurrence, inspected the site and prepared its site plan map (Ext ka 11). He also collected blood stained and simple earth from the scene of occurrence and prepared its memo (Ext ka 10). Then he recorded statements of some witnesses. Next day at about 12.00 noon he arrested accused Ghoorey Lal with his licenced gun near village Tanda. He also prepared recovery memo of the licenced gun recovered from the possession of the accused (Ext ka 12).