SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) O. R. Jain, J. This revision is directed against the judgment dated 17th December, 1997 passed by District and Sessions Judge, Muzaffarnagar in Ses sions Trial No. 876 of 1997, State of U. P. v. Mahendra and another. By the said judg ment the learned Sessions Judge has ac quitted accused Mehandra and Yakoob of the charge under Section 302 read with Section 34, IPC.

(2.) THE main ground in this revision against acquittal is that the learned Ses sions Judge rushed through the trial and after recording the evidence of only four witnesses, out of a list of twenty-one wit nesses, the order of acquittal was passed. THE trial opened on 28th August, 1997 when the charge was framed against the accused and the order of acquittal was passed on 17th December, 1997, i. e. within less than four months. As will be shown presently, it is a classic case of "justice hurried is justice buried".

(3.) ON 30-3-1997 on the information of a Mukhbir accused Yakoob was arrested by the police from his house and was inter rogated. He narranted a detailed story land confessed his guilt. He stated that he and accused' Mahendar had illicit relations with Smt. Rakesh and on the point of supply of milk there was exchange of hot words between Smt. Rakesh and them. To take revenge of that insult the accused with two other companions committed this heinous crime and when Subhash ob jected, he was also given Palkati blow on his hand by accused Mahendra. When their companions tried to molest with Smt. Rakesh, she became annoyed and hurled abuses and so accused Mahendra gave many Palkati blows on her body and neck, that after committing this brutal murder accused Mahendra handed over the Palkati to this accused for hinding it and he stated that he can get recovered that Palkati and then the Investigating Of ficer on the pointing out of accused Yakoob recovered the Palkati the arm used in the commission of this crime, and prepared its Fard (Ext. Ka-10) in presence of witnesses Sewa Ram and Ram Pal.