STATE OF U.P. Vs. S. VIJAI SINGH

JUDGEMENT

(1.) This Government Appeal No. 2576 of 1985 under Sec. 378 Cr.P.C. has been filed by the State against the judgment and order dtd. 22/5/1985 passed by learned IVth Additional District and Sessions Judge, Gorakhpur in Session Trial No. 64 of 1984, whereby the accused-respondents, namely, Shanti Vijay Singh, Shatru Vijay Singh, Chandra Vijay Singh, Rama Singh, Hazari Bania, Ram Samujh, Ramapati Singh, Shreeram Yadav, Murlidhar Shukla and Paras Yadav have been acquitted of the charge under Ss. 147, 302 read with Sec. 149 IPC. The accused-respondents Ram Briksh Singh, Sesh Vijay Singh and Rajeshwari Lal have been acquitted of the charge under Ss. 148 and 302 IPC.

(2.) As per prosecution version, facts of the case are that on 12/8/1982, which was Sri Krishna Janmastmi day, deceased Girijashankar Lal was going to Lakshmipur market on a cycle alongwith his younger daughter Km. Pushpa, who was seated in his front on the frame of the cycle. Complainant Nalin Kumar was following him and was at a distance of 10-15 paces. At about 10.30 A.M., when Sri Girijashankar Lal reached on the Kacha road near the grove of Sri Yunus Khan, accused Ram Briksh Singh and Shesh Vijai Singh armed with country-made pistol, accused Rajeshwari Lal armed with knife and rest of the accused carrying lathies emerged from the said grove and surrounded Sri Girijashankar Lal. He stopped the cycle and Km. Pushpa immediately got down from the cycle with a push. Thereafter, Ram Briksh Singh and Shesh Vijai Singh fired with their country-made pistols, consequently he sustained injuries and tumbled down. Thereafter, accused persons lifted and took him near the ditch lying to the east of the road and threw him down there. Whereafter, accused Rajeshwari Lal sawed his neck with his knife. Rest of the accused had been holding Sri Girijashankar Lal and when Sri Girijashankar Lal died, the accused persons threw his dead body in the water in the nearby ditch. When accused Rajeshwari Lal was cutting the neck of Sri Girijashankar Lal, Km. Pushpa was entreating the accused and begging for the life of her father, but accused Shanti Vijai Singh threatened and pushed her back. Pancham and Ayodhya, who were coming from the road, saw this occurrence, when the accused noticed their presence on the spot, they threatened and chased them and they fled away raising hue and cry. The accused then ran away. Nalin Kumar, Pancham and Ayodhya then came back to the spot and in the meantime some other villagers also reached there. Complainant Nalin Kumar asked them to supervise the dead body. He started for the police station on his cycle. After covering a distance of 5-6 Km., when he reached in village Mohnapur Dhala, he purchased some papers and prepared a report giving details of this occurrence, took it to Police Station Purandarpur and lodged the same there at 12.15 P.M.

(3.) Thereafter, on the information of complainant Nalin Kumar, a case was registered against the named accused persons under Ss. 147, 148, 149, 302 IPC. Investigation of the case was handed over to S.I. Ravindranath Pandey (PW-5). He started investigation of the case, inspected the place of incident, prepared the panchayatnama (inquest report) of the deceased Girijashankar Lal, sent his body for autopsy and also prepared the site plan. After completing all the formalities of the investigation, he submitted charge-sheet against the accused persons in the court of concerned Magistrate. Thereafter, the case was committed to the court of Sessions for trial. The accused Shanti Vijay Singh, Shatru Vijay Singh, Chandra Vijay Singh, Rama Singh, Hazari Bania, Ram Samujh, Ramapati Singh, Shreeram Yadav, Murlidhar Shukla and Paras Yadav were charged under Ss. 147, 302 read with Sec. 149 IPC and accused Ram Briksh Singh, Shesh Vijay Singh and Rajeshwari Lal under Ss. 148, 302 IPC. The accused pleaded not guilty to the charges and claimed trial.