STATE OF U P Vs. RAM CHANDRA

JUDGEMENT

(1.) THIS Government appeal has been filed against the judgment and order dated 9.11.2001, passed by the learned Additional District and Sessions Judge. Court No. 1, Kanpur Dehat in S. T. No. 45 of 1994, whereby the accused-respondents have been acquitted of the charge under Section 307/34, I.P.C.

(2.) IN a nutshell the case of the prosecution was that there was enmity between the informant Jagdish's maternal uncle (mama), the injured Nankoo Prasad and accused Kishan Lal and others and because of that enmity, on 24.6.1990 at about 8.30 a.m. when Nankoo Prasad was purchasing articles from the shop of Sone Lal Raidas, Kishan Lal, armed with his licensed gun and co-accused-Ram Chandra and Laxmi Narain armed with country-made pistols and one Mohan (who died during the trial) armed with kanta, arrived there. On the exhortation of Ram Chandra "Maar do sale Nankoo Prasad ko aaj bachnay na paye", Kishan Lal with his licensed gun and Ram Chandra and Laxmi Narain with their country-made pistols, fired at Nankoo Prasad with an intention to kill him. On receiving injuries Nankoo fell down and raised a cry. On his cries the informant Jagdish, Nankoo's elder brother Mool Chandra and co-villagers Ganga Prasad, Vinod Kumar, Banshi Lal, Dinesh Kumar, Gajendra and Lakhan came running there and tried to intervene, but they also received a large number of injuries. The informant Jagdish, Chhotey Lal, Ajodhudhi, Uma Shanker and many others, however, escaped injuries. On the cries raised by the prosecution party, Ram Chandra and three other co-accused ran towards village Ahiran Purwa. Out of fear, the witnesses did not pursue them. The informant then got a report scribed by Bachan Singh and proceeded on a Tempo together with the injured Nankoo, Banshi Lal, Dinesh Kumar, Gajendra and Lakhan to the reporting outpost Raniya, of police station Akbarpur, which was 6 Kms. away, where they handed over the report at 9.30 a.m. on the same day. Check and nakal reports were prepared by H. M. Surendra Pratap Singh. Constable Hari Shanker Singh took the injured persons for medical examination.

(3.) DR. P. B. S. Chauhan, P.W. 2 found the following injuries on the body of Vinod :