STATE OF U P Vs. RAJPAL

JUDGEMENT

(1.) Accused Rajpal was tried by VI Additional Sessions Judge, Agra in ST. No. 783 of 1979 for the offence under Section 302 I.P.C., Police Station Barhan, District Agra. The trial court acquitted him by the impugned judgment and order dated 22.7.1981. Aggrieved by the said acquittal, the State has preferred the present appeal.

(2.) Encapsulating, the prosecution case, as per the F.I.R. lodged by Raj Singh P.W.I, informant was that on 25.7.1979 at about 3.00 P.M. the informant and his brother-in-law Nekse Lal, P.W.3 were ploughing their field and the son of the informant Mool Chand (deceased) aged about 7 years was playing nearby, Raj Pal accused also had his 'thar' there present in the field of the informant. At 3 P.M. that day, when Mool Chand was not to be located, informant and Nekse Lal started searching for him and in that inquisitiveness they went to the 'thar' of Raj Pal. As soon as they reached near the 'thar' they heard a shriek enamating from inside the 'thar'. They rushed in that direction and witnessed that Mool Chand was tied on his neck by a rope and accused Raj Pal was pulling the rope. As soon as the two witnesses reached near the victim, he had already breathed his last. On challenge being thrown by them, Raj Pal, accused-respondent tried to escape but was apprehended by the informant and Nekse Lal after some scuffle. Meanwhile, many people of the village assembled there. Informant left Raj Pal under the security of the village people went to the police station and lodged the report, Ex Ka-1, against the accused-respondent on the same day at 6.05 P.M. after covering a distance of 5 miles. Head Constable on the basis of 'tahrir' prepared the chik F.I.R. (Ex. Ka-3), and G.D. entry (Ex. Ka-4). P.W.5 S.O, Ranvir Singh Vishnoi took up the investigation immediately, recorded the statement of the informant and then proceeded for the spot where he found two Police Constables, Har Vilash and Ram Prasad, of Aaharan Police Chowki present and the body of the deceased was found inside the 'thar' of the accused with a rope around his neck. The accused was in custody of some villagers. Next morning I.O. conducted the inquest and prepared other papers (Ex. Ka-5 to Ka-8) and then dispatched the body for postmortem. After making the spot inspection and completion of investigation, the accused-respondent was booked for trial.

(3.) The postmortem of the deceased was conducted on 26.7.1979 at 2.45 P.M. by Dr. M.M.S.A. Khan P.W. 4 of District Hospital, Firozabad, who found a ligature mark present in between the suprasternal notch and thyroid cartilage encircling his whole neck. He also found two abraded contusions, one on the left side of neck 1.5c.ms.x0.5 cms. and the other over left sterno clavicular joint 3cms xl.5cms.