PINAKI CHANDRA GHOSE,J. - (1.) This appeal is directed against the judgment and order dated 17th February, 2012 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1734 of 1983, whereby the High Court acquitted the accused persons ­ respondents herein of the charges under Section 302 read with Section 149 of the Indian Penal Code.
(2.) The case of the prosecution is that on 26.06.1982 at about 8.00 A.M., the deceased Mohan Singh, who was a resident of Village Garh Umrao, Tehsil Sadabad, District Mathura, U.P., after taking bath at the tube-well, was going to his house along with his minor daughter Lajjawati (PW-5). He was carrying his single barrel gun and the strip of cartridges with him. The respondents Phal Singh and Mahabir Singh, along with other accused Om Prakash and Gopi Chand, were clearing the irrigation channel of their field; whereas respondents Raj Pal and Satya Pal were scrapping grass in their respective fields. Jaipal Singh and Om Prakash were engaged in plucking the Moong Pods from the field. When deceased Mohan Singh reached the ridge of the field of Om Prakash and Gopi Chand, Phal Singh and Jaipal Singh caught him by his hands whereas respondent Om Prakash came from behind, put his arm around him and put him down on the ground. In the meantime, other accused persons also reached there. Then the accused Jaipal and Om Prakash caught hands of the deceased and accused Rajpal and Satyapal caught the legs of the deceased. Rajpal hit the deceased with a Ballam. Accused Mahabir Singh and Phal Singh severed the head of the deceased Mohan Singh by hitting him with Phawara (Spade).
(3.) At the time of the incident, Kalyan Singh (PW-1), who is the father of deceased Mohan Singh, and Bani Singh (PW-2) were sitting at the tube well of Bani Singh situated at a distance of around 150 yards from the place of incident. On hearing the cries of deceased Mohan Singh and Lajjawati (PW-5), the aforesaid witnesses rushed to the place of incident. In the meantime, accused Harcharan also arrived at the place of incident carrying his gun. In order to dissuade Kalyan Singh and Bani Singh, the accused respondents Phal Singh and Harcharan fired in the air. Then the accused persons tried to take away the body of deceased Mohan Singh by dragging it for some distance. But due to the hue and cry raised by the eye-witnesses, the accused fled away from the place of incident. Thereafter, Kalyan Singh (PW-1) went to Police Station Sadabad with a written complaint of the incident, on the basis of which an FIR of the incident was lodged on the same day at around 11.00 A.M. and Case Crime No.139 of 1982 was registered.;