Arun Kumar, J. - (1.)These appeals are directed against a Division Bench judgment dated 9-1-1992 of the Allahabad High Court allowing the appeals against the judgment of conviction passed by the IVth Additional Sessions Judge, Mainpuri, Uttar Pradesh. The High Court acquitted all the four accused who had been found guilty by the trial Court. As a matter of fact the trial Court convicted six accused. All of them had appealed to the High Court. During the pendency of the appeals, two accused viz., Raj Nath and Mansa Ram died and the remaining four accused were acquitted by the High Court. Hence, these appeals by the State against the judgment of acquittal passed by the High Court.
(2.)Briefly, the facts are that on the morning of 6th January, 1978 immediately after sunrise i.e. at about 7.00 a.m. Raja Ram left his house for his fields to start the diesel engine of his pumping set in order to irrigate his field. He required help of at least three others for the purpose of starting the engine. He called his brother Kishan Lal to follow him along with two other persons so that the engine could be started. It has come in evidence that starting the diesel engine during the winter month of January requires quite an effort. Daya Ram (P. W. 1), Kishan Lal (P. W. 2) and Dev Dutt followed Raja Ram. They were about 15-20 paces behind Raja Ram. As Raja Ram was proceeding towards his field he passed by two "Noonars" (Tilas). As per the prosecution case seven accused persons viz., Sadho Singh (who died during trial) along with Dhyan Singh, Man Singh, Mansa Ram, Raj Nath, Ram Naresh and Ram Saneshi suddenly emerged from behind the Noonars (tillas i.e. big mounds of earth). They were all armed with weapons; three had country made pistols while the others had guns with them. Dhyan Singh accused exhorted his compenions "Sathiyo Raja Ram Sala aaj nekal na pai". Raja Ram who was some paces ahead of the accused took to heels. The accused gave him a chase and started firing shots at him with their fire-arms. Raja Ram on receiving gun shots fell down in the field of one Balwant. When the accused persons reached near the body of Raja Ram, they fired some shots in the air and some at Raja Ram. They also shouted "Bara Bahadur banta tha, aaj mar paya hai". The field of Balwant was by the side of a river which had knee deep water. The accused dragged the body of the Raja Ram to the river. The body of the deceased was tied with a rope and "tahmad" and was dragged into the river where river was deep. The body of Raja Ram was thrown into the river. Before throwing the body into the river, the accused had severed the head of Raja Ram from the body. Thereafter all the accused went away.
(3.)Daya Ram (P. W. 1), Kishan Lal (P. W. 2) and Dev Dutt were stealthily following the accused. On the basis of the trial of blood they reached the place wherefrom the tied body of Raja Ram was thrown into the river. They took out the headless body of Raja Ram from the river. Raja Ram had his name tattoed over his hand which had been erased. Daya Ram and Dev Dutt stayed there to keep a watch over the dead body while Kishan Lal left for Police Station, Alau to make a report. Kishan Lal lodged the F.I.R. at the Police Station, and thereafter returned to the place where the dead body was lying.