STATE OF U P Vs. KALLU LAL

JUDGEMENT

(1.) This Government Appeal, filed on behalf of the State of U.P. under Sec. 378 Code of Criminal Procedure against the ten accused -Respondents, namely, Kallu Lal, Har Jiwan, Bachan, Dwarka, Hari Prasad, Ram Kishan, Jia Lal, Mewa Lal, Om Prakash and Mithu, is directed against the judgment and order dated 4 -12 -1976 passed by the VIIth Additional District and Sessions Judge, Allahabad whereby he has acquitted all the accused of the charges levelled against them.

(2.) Brief facts of the case are that the complainant Santosh Kumar PW 2 and all the aforesaid accused persons are residents of the same village Janka, Police Station Puramufti, District Allahabad. The complainant is Ahir and accused are Paasi by caste. Accused Mithu was the real brother of Garib Das. Kallu, Har Jiwan, Bachan and Dwarika are the sons of accused Mithu. Accused Hari Prasad, Ram Kishan and Jia Lal are the sons of Garib Das. Accused Mewa Lal admitted himself to be the uncle and accused Om Prakash admitted himself to be the cousin of accused Kallu. Complainant Santosh Kumar PW 2 is the son of Mahadeo, deceased, who had two wives, namely, Smt. Chameli and Smt. Nanki, Santosh Kumar PW 2 and his elder sister Smt. Sarojini PW 1 were born from Smt. Chameli, Deshraj and Ram Kishun are uncles of the complainant.

(3.) It is alleged that Ram Kishun and Deshraj were accused in a dacoity case which took place some months before the present incident. The fact that Ram Kishun and Deshraj were involved in the dacoity case was felt by Mahadeo, deceased who had asked Deshraj in the presence of Garib Das to leave the company of Passees. Garib Das asked Mahadeo not to utter such words. On this Mahabir rebuked Garib Das, called him fool and threatened that he would be ruined by him. Two or three months after this altercation, in the month of January 1974, a dacoity took place in the grove of accused Har Jiwan in which Garibdas was murdered. The accused -Respondents suspected that the murber of Garibdas was planned by Mahaoeo.