STATE OF U P Vs. SUKHBIR

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment and order dated 15 -1 -1982 passed by the II Additional Sessions Judge, Aligarh, acquitting twelve accused respondents, namely, (1) Sukhbir, (2) Ramji Lal, (3) Bhup Singh, (4) Babu Singh, (5) Harish Chand, (6) Mahendra, (7) Prem Pal, (8) Raghunandan, (9) Mahesh, (10) Jaipal, (11) Radhey Lal and (12) Rishi Pal of the offences under Sections 148, 452/149, 436/149, 307/149, 302/149 or 302 I.P.C.

(2.) THE factual matrix may be set forth for proper appreciation of the case. The incident occurred on 25 -8 -1979 at about 7.30 p.m. in village Nagla Battisa of P.S. Sasni, District Aligarh. There were allegedly three other participants of the crime, namely, Udaivir Singh, Ashok and Narain Singh. Udaivir Singh was killed earlier to the submission of the charge -sheet; Ashok remained absconder and Narain Singh died before framing of charges. The F.I.R. was lodged by Malkhan Singh, who claimed himself to be an eye -witness of the incident, on 26 -8 -1979 at 1 a.m. His relation Ganpat Singh came at about 7.30 p.m. in the eventful evening from village Sikur and told him that Udaivir Singh accompanied by sufficient number of his associates was sitting at the culvert of the canal. He reached on the roof of his house with his gun alongwith his brothers, uncle etc. After a while, Udaivir Singh alongwith his associates came challenging, surrounded his house on the front side and set fire to the thatches of his house. Udaivir Singh and his companions also abused him and his family members. Earlier, on 15 -10 -1978 his father Ghamandi was shot dead by this gang and the trial was pending in the Court of Sessions. The accused persons, therefore, were nursing enmity against him and his family and wanted to exterminate all his family members. He and other inmates of the house raised shouts attracting several villagers who reached on the roofs of their houses. He also opened fire with his licensed gun. The villagers and his family members started throwing brickbats from the roofs of their houses to counter the firing launched by Udaivir Singh and his associates (accused). He named 15 persons as accused as detailed above. As to the weapons of the accused respondents, Udaivir Singh, Ashok, Bhup Singh and Raghunandan allegedly had SBBL guns, Harish Chand had a Pharsa and rest were armed with countrymade pistols. When his aunt came out of the house and ran, Harish Chand accused gave a Pharsa blow on her skull whereby she was seriously injured. She was dragged by some of the accused. In the incident, bullet injuries were caused by the accused to Narain Singh son of Asha Ram, Bhuri Singh son of Bhikam Singh and Km. Mithlesh. On hearing their noise and gun firing, three constables happened to reach the spot who shouted aloud that they were police personnel. On hearing their declaration all the accused ran away towards the canal. The police constables chased the running assailants but in vain. The witnesses Lakshman, Narain, Prem Pal Singh and others had allegedly seen the assailants in the light of burning Chhappar. On the lodging of the F.I.R., a case was registered and investigation started as usual.

(3.) INJURED Km. Mithlesh was also medically examined at P.H.C., Sasni on 26 -8 -1979 at 7.35 a.m. Three lacerated wounds were found on her person which were of firing. There was no blackening in any of the wounds. Narain Singh was medically examined on 26 -8 - 1979 at 7.40 a.m. at P.H.C., Sasni by the same Dr. R.P. Sharma P.W. 6. Two lacerated wounds caused by firing were found on his person but there was no blackening.