STATE OF UTTAR PRADESH Vs. HORI LAL

JUDGEMENT

(1.) The eleven accused respondents named above along with one Pothi (who died before the commencement of the trial) were charged for offence punishable under Sections 120-B/147/148/302/307/149, I.P.C. before Shri B.I.S. Sodhi, the then 1st Addl. District and Sessions Judge, Badaun, who vide his judgment and order dated 19-8-1978 found all these accused respondents 'not guilty' and accordingly acquitted them. Feeling aggrieved by the said judgment of acquittal the State of U.P. has come up in appeal before this Court.

(2.) The prosecution story briefly stated is as follows :-

(3.) The occurrence of this case had taken place on 27-6-1977 at about 5.00 p.m. in village Khiria Madhukar, police station Usehat, district Badaun, which lay at a distance of about 15 kms. from the police station. On that they the complainant's younger brother Jhabboo's, father-in-law Ram Dayal injured (P.W. 5) had come to the complainant's house. The complainant's father Mulaim Singh (Deceased) had gone to village Makrauli for purchasing Bel of Shakarkandi for being planted into his fields, which lay at a distance of about two furlong from the complainant's house some time during noon. Along with Mulaim Singh (deceased) his nephew Radhey had also gone. The deceased Mulaim Singh was a licence holder of a gun. He left his gun at his house. The complainant's uncle Munshi Singh and Ram Dayal, P.W. 5 remained at his residence. When the complainant, his father Mulaim Singh (deceased) and his cousin brother Radhey reached at village Makrauli, Pt. Ram Saran P.W. 4 expressed his inability to supply the Bel on the ground that he had since watered his fields and because of rain, it was not possible for him to take out the Bel of Shakarkandi from his fields. The deceased Mulaim Singh paid a sum of Rs. 20.00 as earnest money for the purchase of the said Bel. One Ram Murti (deceased) who was a resident of village Pahenia, district Shahjahanpur was a distant relation of Pt. Ram Saran. He had gone to purchase some bullocks there. The complainant's father Mulaim Singh (deceased) offered to him that he had certain bullocks to sell. Thereupon Pt. Ram Saran, P.W. 4, along with Ram Murti (deceased), Latoori, P.W. 6 and Latoori's uncle Chokhey came back to the house of the complainant in village Khiria Madhukar at about 4.30 p.m. The house of accused respondents Rameshwar (A-4) and Ram Swarup (A-3) lay on the way to the house of the complainant. Accused Rameshwar and Ram Swarup saw the complainants, father Mulaim Singh (deceased), Pt. Ram Murti (deceased), Ramsaran, Latoori and Chokhey coming towards the house of the complainant. The house of Rameshwar (A-4) and Ram Swarup (A-3) lay at a distance of about 60-70 paces from the house of the complainant.