STATE OF UTTAR PRADESH Vs. AKSHEY KUMAR

JUDGEMENT

(1.) This Government Appeal has been preferred by State against the acquittal of the accused respondents Akshey Kumar , Anil Kumar and Shiv Kumar by order dated 29-1-1986 passed by Shri Ramji Lal, the then learned Sessions Judge, Farrukhabad in S.T. No. 145 of 1982 under Sections 302 and 302/34, I.P.C. (Akshey Kumar) and under Section 302 read with Section 34, I.P.C. (Anil Kumar and Shiv Kumar).

(2.) Accused-respondents Akshey Kumar and Shiv Kumar have since died, the appeal against them stands abated. The appeal now remains only

(3.) The brief facts of the case are that Goverdhan Lal son of Guljari Lal lodged First Information Report, hereinafter referred to as 'F.I.R.' on 27 -2-1980 at 4.45 p.m. with the allegation that at about 3.00 p.m. on the same date accused Akshey Kumar, Anil Kumar and Shiv Kumar came towards their house. Accused Shiv Kumar was driving the tractor while Akshey Kumar and Anil Kumar were sitting on the trolley of the tractor with double barrel gun in the hands of each of them. They wanted to take the tractor through the land of the complainant. It is stated in the F.I.R. that in front of the house and the land of the complainant and his brothers, there is some open land, Gram Pradhan Akshey Kumar wanted to make path (Rasta) over the said land. He (complainant) filed a case before the Munsif about 21-22 years ago for the said purpose. The complainant won the case. The accused persons bore enmity for that reason. Before three years of the present occurrence accused Anil Kumar and Shiv Kumar went to the plot of the complainant and wanted to assault by fire. The complainant had lodged a report in the police station to this effect.