STATE OF U P Vs. SURAJPAL

JUDGEMENT

(1.) -This Government appeal after seeking leave of Court has been preferred against the judgment and order dated 11.1.2000, passed by Sri B. L. Pandey, the then Additional Sessions Judge/Spl. Judge (E. C. Act) Banda, in S. T. No. 236 of 1991 and connected S. T. No. 59 of 1992, whereby the respondents-accused-Suraj Pal, Nawal Kishore, Bakshraj and Ram Kishore have been acquitted of the offence punishable under Section 302 read with Section 34, I.P.C. in Case Crime No. 93/91 of Police Station Baberu, district Banda.

(2.) THE incident resulting in the death of Sukhram Singh, brother of the complainant Ghanshyam Singh Chauhan is said to have occurred on 22.4.1991 at about 5.45 p.m. in Kasba Baberu. First information report was lodged by the complainant-Ghanshyam Singh Chauhan S/o Indrajeet Singh, R/o Kasba and P. S. Baberu, district Banda. THE case of the prosecution as per F.I.R. (Ext. Ka-13), in brief, is that on 22.4.1991 at about 5.45 p.m., when the complainant, his mother Sunder Devi and his uncle Lal Singh were sitting on the door of their house and his elder brother Sukhram Singh was standing near the shop adjacent to the door of the house, the accused-Ram Kishore and Nawal Kishore both sons of Shiv Balak armed with double and single barrel guns respectively, Suraj Pal S/o Laxmi Narayan armed with single barrel gun (all residents of Kasba Baberu) and Bukshraj son of unknown R/o village Banthari, P. S. Kamasin, district Banda, armed with single barrel gun came there and abusing and saying that you have got the case registered against them, began to fire from their weapons. Sukhram Singh sustained serious injuries, who fell down there and died instantaneously. THE complainant and other persons managed to enter in the house and saved themselves. While making fire, the accused-Nawal Kishore was terrorising and threatening the people that if anybody will come near, he also will be killed. Due to this incident, terror was caused in kasba and nearby shops were closed and people began to run towards their houses. After committing murder of Sukhram, the accused-respondents fled away towards village Kachendu. Leaving the dead body of Sukhram at the place of incident, the complainant went to police station Baberu and handed over written report (Ext. Ka-1), which he himself had scribed. On the basis of this report, P.W. 7 Ram Manohar Singh prepared chik F.I.R. (Ext. Ka-13) and registered a case under Section 302, I.P.C. at Crime No. 93/91 against the respondents-accused on 22.4.1991 at 6.50 p.m. and made entry in G.D. No. 41 (Ext. Ka-14).

(3.) ON the case being committed to the court of session for trial, charge under Section 302 read with Section 34, I.P.C. was framed against all the four accused-respondents, to which they pleaded not guilty and claimed to be tried.