STATE OF UTTAR PRADESH Vs. VIRENDRA SINGH

JUDGEMENT

(1.) This is an appeal under Section 378 of the Code of Criminal Procedure against the judgment and order dated 5th March, 1992 recording the finding of acquittal in favour of the accused-respondents by the Court of Vth Additional District & Sessions Judge, Kanpur Dehat.

(2.) The incident casuing death of Behari took place on 14th of July, 1989 within the territorial limits of village Gadatha, P.S. Moosa Nagar, district Kanpur Dehat. The prosecution story, according to the first information report Ex. Ka. 1, is that the field of deceased Behari was encroached upon by Chhotey Lal accused about two years ago claiming that the encroached portion is part of his field. Against the encroachment deceased's grand son Lalji (P.W. 2) lodged a complaint with the Tahsildar of the area and got measurement of the field through Lekhpal. The field was demarcated by the Lekhpal and thereafter in the last year Jwar and other crops were grown in the said field by the deceased's family. Accused Chhotey Lal forcibly cut and took away the crops of the said encroached area against which the family members of the deceased had protested as a result of which there was a bitter altercation between the accused Chhotey Lal and the deceased's family and since then the land was lying Parti. On 14th of July, 1989 Behari was returning to his house from the field. Behari's son Swamidin (P.W. 1) was at that very time going with ploughs and bulocks to plough the Batai field of Randhir Singh. As soon as Behari reached on. the ridge in between the fields of Ramraj Singh situated in villages Ajgar Purwa and Gadatha, Chhotey Lal, Lakhan and Virendra (accused-respondents) came from Ajgar Purwa side and without any rhyme and reason started assaulting Behari by Lathi and Dandas which they were having in their hands and dragging Behari towards village Gadatha. When Seami Din raised 'Halla' and went to intervene, all the three accused fell upon Swami Din and started assaulting him. Swami Din fled away and lodged report at the police station. The three accused persons dragged away Behari towards Gadatha. He (Lalji), his brother Veer Singh, Babu Ram son of Mani Lal, Uncle Prasad, counsel Jai Karan, Shiv Nath son of Ganga Charan and several others witnessed the incident. They waited for long time but when Behari did not return home then he (Lalji) and his brother Veer Singh went to find out Behari. They found the dead body of Behari lying in the English Babul bushes to the south of tube-well of Randhir Singh. The injuries were internal causing his death.

(3.) The police registered a case and investigated the same. The dead body was sent for post mortem examination, Dr. R. C. Dimari, Medical Officer, District Hospital, Kanpur conducted the autopsy on the dead body and submitted the autopsy report Ex. Ka-3. After examining the witnesses under Section 161, Cr. P.C. and completing the investigation charge sheet Ex. Ka. 15 was submitted.