STATE OF U P Vs. VIJAI PAL

JUDGEMENT

(1.) VIJAY Kumar Verma, J. This Government appeal after seeking leave of the Court has been preferred against the judgment and order dated 27-5-2002 passed by Sri Ran Veer Singh, the then Additional Sessions Judge/spl. Judge (NDPS Act), Etah in S. T. No. 653 of 1997, whereby the accused-respondents Vijai Pal, Umrao, Mahlpal and Ram Singh have been acquitted of the offences punishable under Section 302/307 read with Section 34 IPC, in Case Crime No. 43/97 of P. S. Awagarh, District Etah.

(2.) THE incident resulting in the death of Netra Pal, son of the complainant Khacher Singh, is said to have occurred on 1-5-1997 at about 7. 00 a. m. in his field situated within the limits of village Borra Khurd. THE case of prosecution, in brief, is that litigation regarding land was going on between the complainant Khacher Singh S/o Mewa Ram, r/o village Borra Khurd, P. S. Awagarh, District Etah and Vijai Pal etc. residents of same village. About two years ago, the complainant had won the case, but Vijai Pal has filed appeal in Etah. It is alleged that on 1- 5-1997, when the complainant was ploughing the field at about 7. 00 a. m. and his sons Chandra Pal, Bahadur and Netra Pal also were present there, the accused Vijai Pal, Umrao, Mahipal and Ram Singh, all sons of Lalu Baghel, armed with tamanchas came there and Vijai Pal said that they would not get the field ploughed, on which complainant's son Netra Pal said that they have been continuing to cultivate the field forever and now also they will plough the field. On this, the accused Vijai Pal and Umrao caught hold of Netra Pal and the accused Mahipal and Ram Singh committed his murder by shooting him. When the complainant and his sons wanted to save Netra Pal, the accused-persons with intention to commit their murder fired on them. THE complainant alongwith his son Chandra Pal rushed to village Gadesara and got the written report (Ext. Ka-1) scribed by Keran Singh Thakur and then they went to P. S. Awagarh, where on the basis of said written report, chik FIR (Ext. Ka-4) was prepared by the then constable/clerk Mahesh Narain, who registered a case under Section 302/307 IPC at Crime No. 43/97 on 1-5-1997 at 8. 00 a. m. against the respondents-accused and made entry in G. D. No. 11 vide Ext. Ka-5.

(3.) ON the case being committed to the Court of Session for trial, charge under Section 302/307 read with Section 34 IPC was framed against the accused-respondents, to which they pleaded not guilty and claimed to be tried.