STATE Vs. SHYAM SINGH

JUDGEMENT

(1.) The present Government Appeal has been filed against the judgment and order dated 22.7.1983 passed by the Special Judge, Ghaziabad in S.T. No. 162 of 1980, by which all the accused respondents have been acquitted for the offence punishable under Sections 147 and 302/149 IPC.

(2.) Briefly the prosecution case as unfolded in the first information report is that one Shyam Singh, who is distantly related to the first informant being his nephew, had involved him in the murder case of a young girl on account of enmity and since then there has been daggers drawn enmity between two.

(3.) It is further alleged that on 16.6.1979 at about 7 p.m, the informant's grand son Yashpal after delivering food at the tube-well was returning back sitting in a buggi belonging to one Satyapal and the first informant is also alleged to have been following him on foot and when the said buggi reached near the field of Mansha Ram, the accused respondents Shyam Singh, Ghoomi and Brahm Singh all sons of Dhara Singh, Yashpal and Iqbal sons of Shyam Singh and two unknown persons exhorted to take revenge and accused respondents Yashpal and Iqbal fired from their country made pistol upon his grand son Yashpal. After receiving gun-shot injuries, victim- Yashpal ran towards tube-well of Asha Ram where he was encircled by them and fired upon by country made pistol and daranti. The said incident is alleged to have been witnessed by Mansha Ram, Satyapal and Kiran Pal and number of other persons.