STATE OF U P Vs. SHATROHAN & ANOTHER

JUDGEMENT

(1.) Challenge is to the judgment and order dated 24.10.1983 passed by Ist Additional Sessions Judge, Barabanki, whereby respondents-accused have been acquitted of the charges under Section 302 read with Section 34 I.P.C. in Sessions Trial No. 328 of 1982 arising out of Crime No. 19 of 1982, Police Station Kotwali, District Barabanki.

(2.) Brief facts giving rise to this Appeal as deciphered from written complaint (Exhibit Ka-1) are that on 18.1.1982 the complainant-Sarabjit had gone to village Safipur at the house of Smt Taluka Devi, the deceased who was his "Samdhin" because former's son was married to the daughter of the latter. At about 10.00 p.m. the complainant, his Samdhin Smt. Taluka Devi, her brother Vikram and one Aladeen were sitting together around an "Alaav" (bonfire) in the "aagan" of the house of Smt. Taluka Devi. A dhibri was burning there. At that time the respondent-accused Shatrohan, Hardwari and Mewalal, who were close pattidar, rushed into the "aagan" of Smt. Taluka Devi through the main door, which had remained open. Accused Shatrohan exhorted to kill Smt. Taluka Devi because she would give her landed property to others. On his exhortation accused Mewa Lal fired at Smt. Taluka Devi with his country made pistol. As a result of which she fell down on the ground. When Smt. Taluka Devi fell down accused Shatrohan and Hardwari started inflicting "banka" blows on the neck of Smt. Taluka Devi. The complainant tried to save her, whereupon accused Shatrohan struck a "banka" blow on him also. In order to save himself, the informant caught hold of the "banka", in which he received injuries. On the shouting of complainant and others the accused persons fled away. Smt. Taluka Devi died instantly out of the injuries caused by the accused persons.

(3.) After the incident, complainant-Sarabjit got the complaint (Exhibit Ka-1) scribed by Harikaran and went to Police Station Kotwali, where F.I.R. was lodged on 19.1.1982 at 11.50 a.m. and consequent entries were also made in General Diary of police Station, copy of which is Exhibit Ka-4. The investigation was entrusted to Sub-Inspector Rama Shanker Singh, P.W.-7, who recorded the statement of complainant-Sarabjit on 19.1.1982 in District Hospital Barabanki and thereafter proceeded to the place of occurrence where he conducted inquest of the dead body and prepared inquest report (Exhibit Ka-7). Dead body was sent for post-mortem examination along with Photolash (Exhibit Ka-8), Challanlash (Exhibit Ka-9). He made inspection of place of occurrence and prepared Site Plan (Exhibit Ka-12). On the place of occurrence, he also collected blood stained earth, memo in respect of which is Exhibit 10. Empty cartridges, "tiklies" and pellets were also recovered from the place of occurrence, memo prepared in this respect is Exhibit Ka-11. Charge-sheet (Exhibit Ka-13) was submitted in the Court against the accused persons under Section 302 I.P.C. after completion of investigation.