STATE Vs. AMRIT LAL AND OTHERS

JUDGEMENT

(1.) THIS appeal by the State of Uttar Pradesh is directed against an order of acquittal recorded by the learned Sessions Judge, Hamirpur, in favour of the Respondents in a case Under Sections 302 and 307 both read with Section 149 and Section 201 IPC,

(2.) THE accusations against the Respondents in short were that on 26 -2 -1964, at about 4 p.m. having armed themselves with lethal weapons they formed an unlawful assembly and in prosecution of its common object committed the murder of Tutain and Guman in a field, caused injuries to Parmanand (PW 1) when he tried to interfere and thereafter removed the dc ad bodies from the scene of incident for screening themselves from legal punishment.

(3.) SUB Inspector O.P. Sharma (PW 8) interrogated Parmanand at the Police Station and reached the village at about 8 p.m. He inspected the field which was alleged to be the venue of the murder and prepared a site plan. He noticed blood splashed in sufficient quantity in the centre of the field and obtained sample of the blood stained earth in a sealed container. He searched for the dead bodies during the same night but could not trace them. On the next morning he continued his search for the dead bodies but without any result. On 28 -2 -1964, however, he succeeded in tracing the bullock cart of the deceased which was said to have been used for carrying the dead bodies from the place of occurrence, in an Arhar field. Several parts of the bullock cart had blood stains on them. They were cut and sealed at the spot. None of the Respondents was available inspite of search. They subsequently surrendered in court on 2 -3 -1964.