KANHAIYA Vs. KASHI NATH TEWARI

JUDGEMENT

(1.) KANHAIYA Lai complainant has filed this revision application against the judgment and order dated 16-1-1975 passed by the Ilnd Addl. District and Sessions Judge, Deoria, discharging Babu Nandan, Suryadeo alias Chhote Lai, Ram Das, Praslad Nath, Suraj Tewari, Ram Nath alias Ramakant, Vyas Nath, Ram Naresh, Jagdish, Dhanesar, Ram Nakshatra and Ram Jee under Section 227 Cr. P. C.

(2.) BRIEFLY stated the facts giving rise to this revision application are that a banjar plot No. 497 is situate in village Nadauli, P. S. Lar, district Deoria. It vested in the Gaon Samaj after the abolition of Zamindari. By a resolution the Gaon Samaj earmarked this land for a Girls' School. For want of funds and other reasons the construction could not be started. Only boundary walls were erected and the land was lying vacant. The Girls' School was being run in the house of a local Ex-M. L. C. It is said that Kashi Nath Tewari is a notorious outlaw of the locality and he took into his head to take possession over the land and build his house thereon. On 21-12-1972 he entered the land with members of hi family and got the same dug and levelled by labourers, When the villagers objected, he threatened them with dire consequence and gave out that he would continue the work of construction at gun point.

(3.) THE prosecution story goes on to say that on 24-12-1972 at about 12. 30 P, M. Kashi Nath Tewari again came on the said land accompanied by 13 other persons. They included these 12 persons who have been discharged by the learned Sessions Judge, Kashi Nath Tewari and Prithvi Nath were possessed of guns. Surajoo Tewari, Ram Nakshatra and Ram Jee Dubey were armed with spears and the rest carried lathis. They started setting up a thatched Tati with the khar and the bamboo chips, when Bashistha Tewari of village Nadauli who bad snipped his relations with the latter happened contention. In the case of Thakur Ram to pass that way. He was going to the tubewell of Kedar Nath for taking water. He asked all these 14 persons who had formed an unlawful assembly and were present on the land as to what they were doing on the Gaon Samaj land. It provoked Kashi Nath Tewari who abused him and instigated to kill him. Prithvi Nath fired a gun shot, injuring Bashitha Tewari and the latter fell down. Just then Ram Bhagat, another victim of the offence, came there and expressed his indignation at the acts of 14 persons. Kashi Nath abused him also and exhorted to kill him. Prithvi Nath fired a shot at him and he also fell down on sustaining injuries. Just then Shyam Sunder, who was watching the incident, came forward, climbed a wall and with folded hands requested all the 14 persons to put an end to their activities. Kashi Nath fired a shot at him and caused grievous injuries when the villagers resorted to counter firing these 14 persons ran away. Bashistha Tiwari, Ram Bhagat and Shyam Sunder were immediately rushed to the hospital where their injuries were examined. Their dying declarations were also taken down at 4 P. M. 4. 15. P. M. and 4. 30 P. M. respectively. The first information report of this occurrence was lodged almost within an hour of the occurrence. All the 14 persons were sent up for trial under various counts. Upon a consideration of the record of the case and the documents non object of taking or obtaining possubmitted therewith and after hear-ing the submissions of the accused and the prosecution in this respect the learned Addl. Sessions Judge considered that there was no sufficient ground for proceedings against 12 persons who are opposite parties in this Court. He, therefore, discharged them after giving detailed reasons for do- ing so. Hence the complainant has filed this revision application praying that the order of discharge is wrong and the opposite parties should also be put on trial.