STATE OF U P Vs. BHIKAM SINGH

JUDGEMENT

(1.) R. C. Deepak, J. The State of U. P. has filed this Government Appeal after grant of leave to file the appeal against the judgment and order dated 25-7-1981 passed by Sri R. N. Rai, learned II Addl. District and Sessions Judge, Budaun in Sessions Trial No. 19 of 1979 whereby he acquitted the accused Bhikam Singh, Jaswant Singh, Hamir Singh and Ganga Singh under Sections 307/34, 324/34 IPC pertaining to Police Station Moosajhag, District Badaun.

(2.) THE facts, in brief, of the case are that earlier to 3-1/2 years to the date of alleged occurrence accused Ganga Singh had initiated a criminal case against Jasbir Singh, the father, Amba Sahai and Jadaon Singh, the uncles of Jagrao Singh/the complainant, that during the pendency of this case accused Hamir Singh had lodged a criminal case against Nathoo Singh, Narain Singh and Chiraunji Singh, the family members of Jagrao Singh wherein these persons were convicted for 2 years R. I. , but were released on an interim bail and had come up to their village. It is alleged that due to the prevailing enmity, on 10-11-1977 at about 4. 30 p. m. the accused Bhikam Singh, Jaswant Singh, Hamir Singh and Ganga Singh attacked the house of the informant abusing and exposing that these days nothing happens with the case and, therefore, they would settle the dispute with him. Hearing this, the informant came out from his house and objected the act of the accused saying that they should not fight to each other. It is alleged that on the exhortation of accused Sher Singh, Ganga Singh caught hold of him (Jagrao Singh), Bhikam Singh stabbed knife at his shoulder, who fell on the ground and Jaswant Singh gave knife blow at his left shoulder. His uncle Amba Sahai, neighbour Hotam Singh and Rakesh came to rescue him. Accused Hamir Singh caused katta injury to Amba Sahai and Ganga Singh caused knife injuries to Rakesh. THEreafter, the informant alongwith the above-named injured persons went to the police station in a tractor and lodged the report in connection with this occurrence and a case as crime case No. 157 of 1977 under Section 307 IPC (Ext. Ka-1) was registered the same day at 5. 25 p. m. at the said police station against the accused persons. THE injured persons were sent to the hospital for medical examination. Dr. Hameed Ullah medically examined Jagrao Singh at 6. 25 p. m. and noticed the following injuries on his person and prepared the injury report (Exh. Ka-3) : (1) Incised semi-circular wound 4 cm. x 1 cm. x depth kept under observation on Rt. side of back, 7 cm. away from the vert. column, in renal region, fresh bleeding is coming out from the wound. (2) Incised semi-circular wound 1. 5 cm. x 0. 75 cm. x muscle deep on anterior aspect of left shoulder. Injury No. 2 is simple, Injury No. 1 kept under observation caused by sharp edged instrument, duration fresh.

(3.) THE investigation into the case was initially taken up by the investigation officer Sri V. N. Dwivedi, the Police Sub-Inspector, who prepared the site plan (Exh. Ka-10 ). THEreafter, further investigation into the case was conducted by Sri D. P. Gaur, Station Officer. , who took down the statements of prosecution witnesses and submitted the charge-sheet (Exh. Ka-12 ). THE case was committed to the Court of Sessions. THE charges under Sections 307/34 and 324/34 1pc were framed against the accused, who pleaded not guilty and claimed to be tried. THE prosecution examined as many as nine witnesses. P. W. 2 Jagrao Singh, P. W. 3 Hotam Singh and P. W. 4 Amba Sahai are the witnesses of the fact and the remaining are formal ones. THE trial Court after going through the evidence on record, arrived at a conclusion that the prosecution could not establish its case to convict the accused. Consequently, giving benefit of doubt, he acquitted the accused vide judgment and order already referred-to-above.