STATE OF U P Vs. MATADIN

JUDGEMENT

(1.) KAMLESHWAR Nath, J. This is an appeal against acquittal of respondent No. 3, Balram for offences under Sections 302, 3o7 and 148, I. P. C. simpliciter, and of the rest of the respondents for offences under Sections 302, 307 both read with Section 149,i. P. C. and under Section 147, I. P. C.

(2.) TWO persons, namely, Jagannath and Teji Lal both residents of Kala Kanker, P. S. Sangramgarh, district Pratapgarh died of gunshot wounds, while 5 persons Gazi Din (P. W. 3), Sheo Kumar (P. W. 4), Shyam Lal, Suraj Pal and Satan, all residents of the same village, sustained injuries. Deceased Jaganath is the brother of informant, Mool Chand (P. W. 1 ).

(3.) THE prosecution case is that when certain marriage ceremonies were going on inside the house of Mool Chand, on 30-6-1974 at about 7. 30 a. m. , respondent Umesh Chandra arrived driving a truck and knocked against the welcome gate, on account of which the gate broke down. Mool Chand's brother, Raja Ram, protested to Umesh Chandra which led to an altercation. Raja Ram and his brother Lalit then proceeded to the house of one Lal Suresh Singh, an ex-Zamindar residing in the locality, and complained against Umesh Chandra. Lal Suresh Singh called Umesh Chandra, scolded him and asked him to repair the gate. THEy all came away from the house of Lal Suresh Singh but Umesh Chandra neither repaired the gate, nor paid compensation. Deceased Jagannath, then, held up the truck.