STATE OF U P Vs. RAJMAN

JUDGEMENT

(1.) -This is a Government Appeal filed on behalf of the State from judgment and order dated 20th of May, 1981 passed by Ist Additional Sessions Judge, Azamgarh in Sessions Trial No. 50 of 1979, State v. Rajman and others, acquitting the accused of the charge levelled against them under Sections 302, 323 and 440 each read with Section 149, I.P.C. Accused Jeetu and Saran were also charged under Section 148, I.P.C. and rest of the accused under Section 147, I.P.C.

(2.) BRIEF facts giving rise to this appeal are that at 5.10 p.m. on 15th of August 1978, Raja Ram son of Abhilakh lodged a report at police station Maharaj Ganj, district Azamgarh, that some 2-3 years ago. Sahdeo, the village pradhan was murdered and prosecution was launched against him and others for his murder in which he was convicted and that since then Rajman and his family members were after him and his family members. In the noon of 15th of August, 1978 his son Ram Chandra and wife Smt. Dulari were engaged in bringing the fodder for their cattle by boat from Pahi Malah Purwa to their house at Nau Barar Ayema. Their boat was landed at the dyke towards north of village Tripurarpur Khalsa and he had taken one load of fodder which he had left at his house ; that at about 2.00 p.m. as he was near his boat to take another load of fodder from his boat Rajman and his brother Rajdeo alongwith their nephew. Rambaj, Mahendra and Manohar taking lathis and Saran and Jeetu armed with spears reached there and Rambaj dragging Ram Chandra from his boat took him to the dyke where all of them gave him lathi and spear blows ; that immediately mother of Ram Chandra rushed for his rescue and as she tried to intervene some of the assailants gave lathi blows to her also. The assailants also damaged the boat with the result that the boat drowned in the water. On hearing the hue and cry Raja Ram and his brother Ram Karan alongwith Raja Ram son of Ram Sunder rushed to the scene of occurrence and witnessed the incident. Sighting them the assailants took to their heels. Then Raja Ram with the help of others took his injured son Ram Chandra on a cot to Maharaj Ganj Hospital and as they put him in the boat at Maharaj Ganj Ghat he succumbed to the injuries sustained by him in the said incident. Then Raja Ram taking the dead body of his son Ram Chandra reached the police station and lodged F.I.R. of the occurrence with the police there. The police registered a crime against the accused under Sections 147, 148 and Section 302, read with Section 149, I.P.C. and started the investigation. Station Officer Onkar Singh who took up investigation of the case in his hands drew inquest proceedings on the dead body of Ram Chandra preparing inquest report (Ext. Ka-7) and other necessary papers (Ext. Ka-6, Ka-8 and Ka-9) and handed over the dead body in a sealed cover alongwith necessary papers to constable. Avadhesh Singh and chaukidar Sheetla for being taken for its post-mortem.

(3.) THE Investigating Officer went to the place of occurrence, inspected the site and prepared its site plan map. He also recorded statements of the witnesses and did other necessary things.