IBAD ULLAH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 29.4.1980 passed by Sri R. N. Sharma, 1st Addl. Sessions Judge, Nainital in Sessions Trial No. 205 of 1978, State v. Sucha Singh and two others, whereby he gave the accused respondents the benefit of doubt and acquitted them of the offences under Sections 302/34 and 307/34, I.P.C. and also acquitted Hardev Singh acccused of the offence under Section 109, I.P.C. read with Section 302, I.P.C.

(2.) WE have heard learned counsel for the parties and have also gone through the record.

(3.) THE prosecution story further was that the complainant Darshan Singh along with his son Jasvir Singh was coming from Rudrapur on 4.9.78 ; that at about 6-6 1/2 p.m. when they reached near the house of karnel Singh of their village, they saw all the accused-respondents standing two paces away from the culvert In the vicinity ; that Sucha Singh accused was armed with a double barrel licensed gun ; Hardev Singh accused was carrying a Kripan ; Hardayal accused was carrying a Tamancha ; that when the complainant and his son Jasvir Singh reached near the house of Karnail Singh the accused persons started hurling abuses loudly ; that when the complainant was asking them, why they were abusing and what harm they had done to them at that time witnesses Dhara Singh and Surendra Singh from behind and Surat Singh witness from the North also came there ; that the houses of Surendra Singh and Dhara Singh were in the vicinity and so they had come out there on hearing the sound of abuses ; that witness Surat Singh had come to the Dera of Baba in village Bagwara and he had reached near the house of Karnail Singh at the time of the occurrence ; that Hardev Singh accused took out his Kripan and exhorted his companions to fire saying "CHALAO GOLI INHONEN MUJHE BAHUT TANG KAR RAKKHA HAI : that thereupon Sucha Singh and Hardev Singh accused came forward and fired one shot each with their weapons which struck Jasvir Singh deceased who fell down ; that at the time of occurrence the informant moved slightly backward and cried "MUJHE GOLI MAR DIYA": that witnesses Dhara Singh and Surendra Singh also retorted saying "INKO KYO MARTE HO" and witness Surat Singh also retorted "INKO KYO MAR DIYA" : that then the accused persons went away from the spot; that Gurbachan Singh and others also came there on the spot and then Jasvir Singh deceased in his injured condition was taken in the tractor-trolley of Gurbachan Singh to Rudrapur Hospital where he was given first-aid at about 7.45 p.m.; that after some time at 8 p.m. he (Jasvir Singh) died.