STATE OF U P Vs. ISMAIL

JUDGEMENT

(1.) UMESH Chandra, J. This appeal on behalf of State of Uttar Pradesh is directed against an order of acquittal, dated 20-5- 1977, passed by I Additional Sessions Judge, Mathura, in, Criminal Sessions Trial No. 286 of 1975, holding that on consideration of the entire evidence, circumstances, improbabilities and infirmities it is established that the incident did not take place in the manner as alleged by the prosecution and finding that opposite-parties Ismail son of Haji Manga, Ahmed son of Mamman, Yusuf son of Husain Baksh, Jamil son of Ahmad, Muddi aliat Hakirauddin son of Haji Manga and Kallu son of Ratan Lal have not committed the offence punishable under Section 302/307, I. P. C. read with Section 149, I. P. C. The learnsd Additional Sessions Judge further found that the offence under Section 147, I. P. 0. and Section '48, I. P. C was established against Kallu, Ismail, Ahmed, Yusuf, Jamil and Muddi alia; Hakimuddu. Aggrieved the present appeal has been filed by the State of Uttar Pradesh.

(2.) ON 26-3-1975 a Truck Operators Union was formed in Kosi. Truck owners and commission agents were its members. This union was formed be cause the truck owners and commission agents suspected that some businessmen of Kosi were indulging in smugging goods Now the businessmen of Kosi who were indulfiing in smuggling began to feel difficulty. Therefore, they threatened the members of this union Consequently the members approached the Truck Operators Union, Mathura, for help. At this, the Union Mathura opened its Branch Office of Kosi on 10-5-1975. According to prosecution this enraged those businessmen and on 10-5-1975 they came to the office of the union and at the shop of complainant Hansh Chandra P. W. 2. and threatened them.

(3.) AN information about the dead bodies of Shobhraj and Nanak Chand and also about the two injured Jogendra Singh and Rahman was received at about 11. 40 p. m. on l. ,-5-1975 at Hodal Police outpost (police station Hansanpur, District Gurgaon. Haryana State) from Civil Dispensary Hodal. Both the injured were referred to Safdargang Hospital, New Delhi, after first aid. On this information Badri Prasad P. W. 8, Assistant Sub-Inspector Police outpost Hodal along with two constables went to ths civil dispensary. He prepared inquest reports of the dead bodies of Nanak Chand and Shobbraj Exts. Ka- 19 and 20.