SULTAN KHAN Vs. FARHAD

JUDGEMENT

(1.) RAJESHWAR Singh, J. This is a revision against acquittal filed by the complainant,

(2.) THE prosecution story was that there was a joint grove of the compla inant, deceased Shahdavan, Baqridi and seven opposite parties. THEre was some dispute about this grove. So a 'panchayat' was held in the evening and the 'panches' said that the persons concerned should live peacefully and should remain in possession as the\ are. People went away. At 8 p. m. on the same night that is on 4-4-1979 the seven accused persons came armed with lathi and pharsa. THEy attacked Shahdavan. To save him, complainant Sultan P. W. 1, Smt. Khadija P. W. 2, wife of Baqridi and Baqridi intervened. THEy also received injuries of blunt weapon. THE opposite parties went away. Shahdavan expired after a few minutes. THE police station was 8 miles away, so report could not be lodged in the night. It was lodged on the next morning at 8. 45 a. m. THEn the police made usual investigation including recovery of blood- stained earth from the spot and charge-sheet was submitted THE accused maintained that they were falsely implicated due to ill-will. THE Sessions Court acquitted the accused for the offence under Sections 147, 148 323 and 302 read with Section 149 I. P. C. So this revision has been filed by the complainant.

(3.) HOWEVER, the learned trial Court first found fault with the F. I. R. saying that it could not be written in the village as said by the complainant. For this, first reason that it gave that it is written in the F. I. R. that the dead body had been left under the care of family members and the complainant had come for report. According to trial Court this would not have been dictated, had the F. I. R. been scribed in the village. But I do not find any such thing. When the|complainant know in the village that he would go to the police station leaving the dead body under the care of family members, there was no difficulty in dictating the same and getting it written in the F. I. R. Another reason is that according to the complainant, written report was prepared in the village at 2 p. m. by a stranger. This is somewhat improbable, but merely because F. I. R. was not written in the village and it was dictated at the police station, it cannot be said that the evidence regarding actual occur rence given by the witnesses, is false. There seems to be no evidence of the fact that the F. I. R was got prepared after advice by the police.