STATE OF U P Vs. DULAREY

JUDGEMENT

(1.) R. N. Misra, J. This appeal has been preferred by the State of Uttar Pradesh against the judgment and order dated 1-3- 1988, passed by Sri H. S. Sharma, the then IInd Additional Sessions Judge, Etawah in Sessions Trial No. 48 of 1987, by which the respondents were acquitted of the charges levelled against them for the offences, punishable under Sections 302/449, I. P. C.

(2.) THIS may be pointed out here that one of the respondents namely Dularey Lal has died and the case against him stood abated as is evident from the order-sheet dated 26-7-2006.

(3.) THE accused persons had denied the allegations levelled against them and have made their false implication due to enmity. THE accused Dularey Lal has stated that in the year 1982, there was Gram Sabha election, in which he was also a candidate. THEre were six other candidates including the complainant-informant, Udai Narain and the both were defeated. THE deceased Phool Singh was a drunkard and gambler and probably, he was killed near the school in the night by someone else. No incident took place at the house of the deceased as alleged by the prosecution. His dead-body was found near the school. THEre was parti-bandi in the village, therefore, the witnesses deposed against him. THE accused respondent Hakim Singh has stated that in the year 1972, Dularey Lal had lodged a report against 25 or 26 persons including prosecution witnesses, Daya Ram, under Sections 147, 148, 427, 436 and 307, I. P. C. at Police Station Bidhuna, District Etawah. THEy were prosecuted and due to that enmity, this false accusation has been made against them. THE other accused persons have also adopted the same defence. THEy have examined Ram Singh, DW-1 in their defence. THEy have filed copy of F. I. R. lodged in the year 1972, which is Ext. Kha-2. THE copy of G. D. dated 19-11- 1987 has also been filed by them which is Ext. Kha-1.