STATE OF U P Vs. LAXMI

JUDGEMENT

(1.) SIX accused -respondents, namely, Laxmi, Durg Vijai, Ramayan, Brij Raj, Kishore and Amla were tried for the offence of rioting and murder of one Vidyapati Misra before 2nd Additional Sessions Judge, Deoria in S.T. No. 207 of 1995 and were acquitted by judgment and order dated 22 -12 -1997 impugned in this appeal filed by the State.

(2.) RESUME of the case as surfacing from the F.I.R. and evidence adduced before the trial Court may be put forth. The accused and the deceased Vidyapati Misra were residents of one Gaon Sabha of Village Kurmipatti Nauka Tola, Police Station Nebuanaurangiya, District Padrauna. The deceased and Laxmi. Accused were the members of the Gaon Sabha Laxmipur alias Kurmipatti. The Gaon Sabha had allotted some land to members of weaker sections and others including one Moti Dhobi. The accused Laxmi got sale - deed executed in his favour of the land allotted to Moti Dhobi. The sale -deed being illegal, the Gaon Sabha had instituted a suit in this behalf and pairvi was being done by the deceased on the basis of the resolution passed by the Gaon Sabha. It infuriated the accused Laxmi. He and his associates were on a look out for an opportunity to get rid of Vidyapati Misra from doing pairvi in that case on behalf of Gaon Sabha.

(3.) AFTER the incident, Sanjai Kumar Misra PW 1 came to his house, leaving his uncle Thagai at the spot. He scribed the F.I.R. and along with Munsarim (Up -Pradhan of the Gaon Sabha) went to the Police Station where he lodged the same. A case was registered by head constable Ram Briksha Ram PW 6 on the basis of the F.I.R. lodged the same night at 11.30 p.m. by Sanjai Kumar Misra. The police came in action and investigation was taken up by S.O. Shyamrathi Arya PW 7 in whose presence the F.I.R. was lodged. He immediately came to the spot along with police personnel. There was no light arrangement. So leaving two constables near the dead body, he left for the arrest of the accused persons. The next morning he reached the spot and busied himself with activities related to investigation. The deceased's cycle was found to be there of which he prepared a Fard. From the spot he collected bloodstained and simple earth and also took in possession a lathi which the accused had left there. The statement of the witness Thagai, who was present, was also recorded by him. He inspected his torch and prepared a Fard of it also. The inquest report was prepared as also other necessary papers and after being sealed the dead body was sent for post -mortem through constable Ram Babu Awasthi PW 4 and Yamuna Pandey.