STATE OF UTTAR PRADESH Vs. RAM KIRAT SINGH

JUDGEMENT

(1.) The three respondents stood charged for offences under Sections 302/307/323, I.P.C. all read with Section 34, I.P.C. There had been a further charge against Ram Surat Singh alone for offences under Sections 302 and 307, I.P.C. in S.T. No. 277 of 1978. The II Additional Sessions Judge, Azamgarh, had held the trial and by his judgment dated 8-2-1980 found that the prosecution had failed to establish the case against the three accused respondents beyond reasonable doubt and as such they were held not guilty and were acquitted. Respondents Ram Kirat and Ram Murat were on bail during the trial. They were discharged from their bail bonds. Respondent Ram Surat was in custody during the trial and he was directed to be released forthwith, unless required in connection with some other case.

(2.) The appeal against acquittal was presented on behalf of the State on 3-7-1980 by the Public Prosecutor/Government Advocate and by an order dated 28-7-1980, recorded by Hon. B. N. Katju, J., the appeal was admitted and the respondents were noticed and appearance on their behalf was, subsequently, made.

(3.) The F.I.R. in the instant case, bearing case Crime No. 169 under Sections 302/307, I.P.C. of Police Station Ahiraula, District Azamgarh, was lodged on 28-5-1978 at about 10.30 p.m. for an incident that had allegedly taken place on the same day at about 6.00 p.m. The complainant was one Ram Singar Singh. The F.I.R. had named all the three respondents as accused persons. The place of occurrence was stated to be village Abhaipur about six miles north of Ahiraula Police Station. The complainant stated that one Om Prakash Singh was made an accused in a case of alleged murder of one Ram Ajor, but after a trial this Om Prakash was acquitted. The brothers of Ram Ajor had an eye over this Om Prakash to avenge the death of Ram Ajor and they had been waiting for an opportunity. On 28-5-1978, the complainant and his son Om Prakash had gone to their garden situate in the south-west corner of the village. Certain is other persons, viz. Sabhajeet, Kuber and Hans Lochan were with them. Sabhajeet had a land which he proposed to sale and the complainant and his son had gone to inspect that land. At about 6.00 p.m. these persons reached the spot. The three respondents came there from their pump set lying nearby. Ram Kirat and Ram Murat had Lathis with them while Ram Surat was carrying a bag. Ram Surat asked them as to what for they had gone there. The complainant gave out the reasons. At this, Ram Surat exhorted that this was the proper opportunity and he instigated Ram Murat and Ram Kirat, who assaulted Om Prakash with Lathis. In defence, Om Prakash, Sabhajeet, and Hans Lochan also used their Lathis. Hans Lochan and Kuber also suffered injuries from Lathi blows given by the accused persons. On hue and cry the complainant also raised an alarm and rushed to the victims. Om Prakash ran away from the spot to save his life. The accused persons chased him. He fell down with a Lathi blow from Ram Murat and after he had fallen down Ram Surat took out a country made Katta and shot at Om Prakash. The shot hit him on his head, the brain matter came out, and Om Prakash died at the spot. Shouting at Hansa Lochan that he too should be killed so that he might not depose as an witness, Ram Surat opened fire on Hansa Lochan but, by chance, it did not hit him. The hue and cry attracted Ram Ashrey Yadav and Jhin Yadav to the spot. They had also seen the incident. The accused persons then ran away. These accused were described as brothers of Ram Ajor. The dead body of Om Prakash was brought to the tube-well of the complainant and thereafter the report was lodged.