(1.) THIS is an appeal by the State Government under section 378 CrPC against the judgment and order dated 1-4-1982 of the Sessions Judge, Rae Bareli acquitting the accused-respondents for the charge under sections 302/34 IPC.
(2.) THE case of the prosecution was that Mata Badal was Pradhan of village Kushmaura. He allotted some Gaon Samaj land to Ram Avadh Murai. Gaya Prasad, Ram Jeet and Ramesh Kumar accused-respondents wanted to take that land from the Pradhan. Having remained unsuccessful in their attempt to obtain that Gaon Samaj land from him, they tried to occupy it forcibly against which Mata Badal assisted Ram Avadh Murai. Due to these facts Gaya Prasad, Ram Jeet and Ramesh Kumar were harbouring ill-will against Mata Badal. On 1-10-1981 at about 7 a. m. Mata Badal was going to see his fields which are towards north of the abadi of his village at a distance of about one mile. When he reached near the field of Shahzad which is at a distance of about three or four furlongs towards north from the abadi of that village, he sat in the field of Smt.Kalawati for easing himself. At that time Gaya Prasad and Ram Jeet, who were armed with lathis, and Ramesh Kumar armed with a kanta came from south and challenged Mata Badal and declared that they would teach him a lesson for executing the patta. Mata Badal in order to save himself ran towards east and the three accused chased and surrounded him in the field of Shahzad. THEy assaulted him with lathis and kanta due to which he received injuries and fell down. Ram Chandra Misra, brother of Mata Badal, who was also easing himself in a neighbouring field, raised alarm. Shahzad, Ram Sewak, Sushil Kumar and Chandra Bhushan also arrived and challenged the assailants whereupon they ran away towards west. On account of the injuries received Mata Badal died on the spot. Ram Chandra Misra lodged the First Information Report at police station Mahrajganj on the same day at 10.05 a. m.
(3.) THE Investigating Officer after completing investigation submitted charge- sheet against the accused-respondents.