STATE OF UTTAR PRADESH Vs. CHHOTEY LAL

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 16-8-76 passed by the then Addl. Sessions Judge, Gyanpur, Distt. Varanasi in S.T. No. 33-A of 74, State v. Luttur and three Ors. acquitting the accused Chottey Lal, Dudhai and Sampat on the charges Under Section 302/34, IPC levelled against them.

(2.) The State has felt aggrieved and filed this appeal.

(3.) The facts, in brief, are that P.W. 1 Chunnu lodged the F.I.R. at police station Bhadohi on 11 -6-73 at about midnight. The time of occurrence is alleged to be 11-6-73 at about 6.30 p.m. The distance of the police station from the place of occurrence, is 3 miles. The accused arrayed are, Luttur, Chhotey Lal and Dudhai and Sampat. It has been alleged that on 11-6-73 at about 6 p.m., accused Luttur, Chhotey Lal, Dudhai and Sampat came to the house of the complainant and challenged the son of the complainant Panna Lal and started assaulting him. Thereafter, they pushed him towards the well, which was still incomplete, but quite deep, about 28 cubite. An alarm was raised. The witnesses, Sharda, P.W. 2, Munni Lal Sanaullah and several other persons arrived at the spot and Panna Lal was brought out of the well. He had received several injuries and was groaning. He was taken to the Govt. Hospital, Nai Bazar. The Doctor advised him to take to Bhadohi. He was being taken to the Bhadohi Hospital, but he died on the way before he could reach the hospital.