STATE OF U P Vs. DAYA RAM

JUDGEMENT

(1.) This State appeal has been preferred against the judgment and order of acquittal of respondents Daya Ram, Ram Siddh, Deena Nath, Deep Chandra and Bharat under Sections 147, 148 and 302/149 IPC passed by Sri Umesh Chandra Tiwari the then Special Additional Sessions Judge, Jaunpur on 10-12-1990 in S.T. No. 212 of 1988 (State v. Daya Ram and others), Police Station Maharajganj, district Jaunpur.

(2.) The brief facts of the case are that on 10-11-1986 at 21.10 PM Sri Ram Siddh Pandey lodged the FIR at police station Maharajganj that on 10-11-1986 at 7.30 PM while he alongwith his brother Ram Achhiber, who was employed as a Consolidator in the Consolidation Department. Jaunpur were coming from Gaddopur Bazar towards their quarter accused Daya Ram Pandey, Ram Siddh Pandey sons of Sri Ram Janak Pandey. Deena Nath Pandey son of Deep Chandra Pandey and Deep Chandra Pandey alongwith two other unknown persons emerged. There was enmity on account of litigation regarding land between both the families, Ram Siddh and two unknown persons caught hold of Ram Achhaiber Daya Ram Pandey and Deena Nath Pandey used their Kattas (country made, pistols). The complainant made an alarm on which PW 2. Ziledar Tiwari. PW 3 Harish Chandra Yadav and Devi Prasad Yadav (nephew of the informant) reached and saw the occurrence. Ram Achhaiber fell down and died on the spot due to the injuries.

(3.) On the basis of the written FIR Chick report was prepared at the police station and a case was registered in GD. The FIR is Ext. Ka-1 and Chick Report is Ext. Ka-3 copy of the GD entry is Ext. Ka-5. The Investigating Officer took the Investigation of the case in his hand recorded the statements of the witnesses inspected the spot and prepared the site-plan as Ext. Ka -11 and submitted the charge in the Court.