JANGBAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeals are directed against the judgment and order dated 31.08.1985 passed by the Ist Additional Sessions Judge, Gonda Camp at Lucknow in Sessions Trial No.99 of 1981 under Sections 147, 148, 149, 324, 323 and 302 IPC Police Station Nagram, District Lucknow.

(2.) The Trial Court had acquitted the four accused namely, Vijay Singh, Chedda Pasi, Ram Prakash and Om Prakash and found their participation in crime doubtful as the prosecution failed to prove the case against them beyond reasonable doubt.

(3.) As per the prosecution case which emerges out from the record is that on 07.11.1980 at about 1:30 P.M. when Radhey Shyam, the deceased was lying on a cot in front of his door, the accused, Omkar Singh armed with gun, his brother Jung Bahadur Singh, Shiv Bahadur Singh and uncle Phool Bux Singh armed with Kanta, his relation Vijay Singh and Chedda Pasi, friend and supporter armed with country made pistols while Tej Bahadur Singh, other brother of Omkar Singh and Ram Prasad and Om Prakash friends and supporters armed with lathies attacked the deceased. It was alleged that Omkar Singh fired at Radhey Shyam Singh with his gun. Vijay Singh and Chedda Pasi and the rest of the accused assaulted him with respective weapons. After receiving the gunshot injury the deceased, Radhey Shyam tried to run away from the cot but fell down dead at a distance of about 3-4 steps. He raised alarm on which Smt. Vidyawati Devi (P.W.2) w/o Radhey Shyam, mother, Sarjoo Devi, nephew, Agnivesh (P.W.4) and brother Jagat Narayan (P.W.1) assembled at the place of incident. The accused challenged Jagat Narayan who slipped in the lane towards west of his house while Smt. Vidyawati Devi, Sarjoo Devi and Agnivesh tried to cover the dead body of Radhey Shyam which was being dragged away by the accused towards their house and the dead body of the deceased, Radhey Shyam was carried to the door of their house. The accused caused injuries to these three persons also to dissuade them from intervening. It was said that besides above mentioned family members, one Keval and Ram Asrey who were sitting on Chabutra near the well and Prabhu, Nanku, Diwakar and Sant Lal were also witnessed the occurrence.