STATE OF U P Vs. VIRENDRA ALIAS BUDDHU

JUDGEMENT

(1.) I his is a government appeal filed on behalf of the State from judgment and order dated 14th of January, 1982 passed by III Additional Sessions Judge, Farrukhabad in Sessions trial No. 306 of 1981 State v. Virendra @ Buddhu and Ors. acquitting all the three under Section 302 read with Section 34 IPC. Accused Girish was acquitted under Section 307 IPC also.

(2.) Brief facts giving rise to this appeal are that 4:45 p.m. on 5th of October 1979 Smt. Sarla Devi, wife of the deceased lodged an FIR at police station Shamshabad, District Farrukhabad alleging that Pyarey Lal happened to be her grand father in relation and he executed sale deed of his landed property in favour of her son Pradeep Kumar. Subsequently Het Ram and Sahdev got deed of will regarding the said property executed by their maternal uncle Pyarey Lal in their favour. Therefore litigation was going on between her husband Rameshwar Dayal on one hand and Het Ram and Sahdev on the other over that landed property. Three months prior to the occurrence Sahdev was murdered and for that murder her son Pradeep Kumar, brothers Jaidev and Rakesh were falsely roped in as accused, and Pradeep was still in jail at the time of murder of his father Raineshwar Dayal. Proceedings under Section 107/117 of the Code of Criminal Procedure Were also going on between Rameshwar Dayal on one hand and Het Rant on the other. Met Ram and his son Virendra @ Buddhu were nursing grudge against Rameshwar Dayal. Farly in the morning on 5th of October, 1979 Rameshwar Dayal alongwith his wife Salra Devi and daughter Guddi went to river Ganges for taking bath on the occasion of Purnmasi and thereafter as they were returning hack after seeing Patavar in their field through the field of Raghuhar Dayal and reached near mango tree standing in that field at about 10.00 a.m. Virendra @ Buddhu alongwith his cousins Ram Asrey @ Tami and Girish @ Gappu armed with countrymade pistols emerged from Patawar standing at the medh of Chhavinath and rushed towards Rameshwar Dayal. Ram Asrey was shouting that he should be caught hold of as they had to take revenge of the murder of their maternal uncle (Sahdev) . Then Rameshwar Dayal tried to run for his life but he could not escape and Virendra and Girish caught hold of him under the mango tree and Virendra and Ram Asrey fired at him with country made pistols causing fatal injuries to him On hue and cry raised by Smt. Sarla Devi and Guddi, Girish fired commanding them not to come forward and all the three accused then ran away towards left, Sustaining fatal injuries at his head and eye Rameshwar Dayal died on the spot instantaneously. Thereafter on reaching of some of the co-villagers near the dead body she went to the village and got the report scribed by Deep Chand and then went on foot to the police station Shumshabad situate at a distance of some 7 miles from the village. The police prepared check report on the basis of the written report handed over to the Head Mohafrir at the police station who also made entry regarding registration of the crime in GD. Investigation of the crime was entrusted to SI Ram Lakhan Tripathi Who went on the spot and drew inquest proceedings on the dead body of Rameshwar Dayal and prepared the inquest report (Ext ka 10) and other necessary papers (Ext ka 11 to ka 13) , He entrusted the dead body in a sealed cover to constable Amar Singh and village chuukidar Bacchan Lal for being taken for its post mortem. Then he picked up four pellets, an empty cartridge of 12 bore and tiklis lying near the dead body and also collected bloodstained and simple earth from the scene of occurrence and prepared their memos (Exts ka 4 and ka 5) .

(3.) Autopsy conducted on dead body of Rameshwar Dayal by Dr. B.B. Bhatnagar, Medical Officer District Hospital, Fatehgarh on 6th of October, 1979 at 4:30 p.m. revealed below noted antemortem injuries: