STATE OF U P Vs. HARI SHANKER

JUDGEMENT

(1.) ACCUSED persons, namely Hari Shanker, Uma Shanker, Om Pal, Hori Lal, Bhayanna Singh and Naresh Pal Singh have been acquitted by the learned Vllth Additional Sessions Judge, Hardoi by his Judgment and order dated 29.5.1979 passed in Sessions Trial No. A-467 of 1978 of the charge under Sections 147, 323, 302,I.P.C. Aggrieved against this acquittal, the State has come up in appeal and has challenged the correctness of the order passed by the learned Vllth Additional Sessions Judge, Hardoi.

(2.) THE incident in the present case took place on 23.3.1978 at about 7.00 p.m. in village Chaina which is about 7 miles from police station Manjhila. According to the prosecution case, there was enmity between the deceased and the accused persons. THE complainant and the deceased had their enmity with Hari Shankar, one of the accused and his father with respect to land. One case under Section 307, I.P.C. was pending against Hari Shanker accused and his father Bhagwati Charan. A case under Section 107, Cr. P.C. was also pending between the parties. It has also been narrated in the first information report that Hari Shankar and other accused persons were in the look out to kill the deceased Hannu Prasad. THE facts as narrated by the prosecution are that the informant of this incident, Ashok Kumar Chaturvedi (P.W. 1) was studying in Class X in Sri Devi Sampad Inter College, Numukeshu Ashram, Shahjahanpur. On the date of the incident, i.e., 23.3.1978, his father, deceased Hannu Prasad, had gone to Shahjahanpur to take him to the village. While they were coming back to their village on motor-cycle and reached near the field of Gopal Barhai at about 7.00 p.m., the accused persons who were armed with lathis came out and surrounded the motor-cycle. THEy saw the accused persons in the light of the motor cycle. Accused Hari Shanker asked other accused persons to kill Hannu Prasad whereupon all the accused persons started beating Hannu Prasad with lathis. Both of them fell down from the motor cycle. Ashok Kumar Chaturvedi tried to save his father but he was also assaulted and he ran towards southern side. On alarm being raised by these two persons, persons from the village side came on the spot. Witnesses Malkhan (P.W. 3). Chittar (P.W. 5) and Chaina came on the spot. Inspite of the fact that the witnesses had reached the place of occurrence, the accused persons continued assaulting Hannu Prasad. When some persons from the side of village Chaina shouted that they are coming, then the accused persons ran away. After the accused persons had run away, the complainant and the witnesses went towards the deceased and found that he was still alive. THEreafter wife of the deceased and many other persons came on the spot on the tractor trolley, and the injured was taken to the police station where the complainant lodged the report of the incident. From the police station, a constable was sent along with injured Hannu Prasad to Hardoi for medical examination. When they reached near village Kaura, Hannu Prasad died and, therefore, they returned back to the police station. THE report was scribed by Puttu Lal (P.W. 10) which is Ext. Ka-1. Previously this report was lodged under Section 307,I.P.C. After the death of the deceased, the case was converted into Section 302, I.P.C. At the time of lodging the first information report, S.I. Rais Ahmad was present at the police station. He started investigation of the case. After conducting the investigation, he submitted the charge-sheet. Dr. A. K. Mehrotra (P.W. 2) examined the deceased and found the following ante-mortem injuries on the person of the deceased.

(3.) THE defence examined Pratap Narain Gupta (D.W. 1), Subedar Singh (D.W. 2 md Hardwari Lal (D.W. 3). THE court also examined Mool Chandra Tewari (C.W. 1).