- (1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court which by the impugned judgment acquitted the respondents and set aside the conviction recorded by the learned Additional Sessions Judge in .Sessions Trial No.316 of 1979. Each of the accused had been convicted by the trial court and sentenced to life imprisonment under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') read with Section 149 IPC, three months RI under Section 323 read with Section 149 IPC, six months RI under Section 324 IPC read with Section 149 IPC and two years RI under Section 452 IPC. Accused Jai Singh, Atar Singh, Mohan Singh, Beer Singh and Baburam were further convicted under Section 147 IPC and sentenced to nine months RI. Accused Ramesh and Lal Singh were however convicted under Section 148 IPC and sentenced to one year's RI. All the sentences were directed to run concurrently. The High Court reversed the judgment and directed acquittal in the appeal filed by the accused persons.
(2.) Prosecution version as unfolded during trial is as follows: One Ram Murti (hereinafter referred to as 'deceased') lost his life in the incident whereas three others namely, Shyam Pal (PW 1), Sohan Pal (PW 3) and Katori Devi sustained injuries. The incident took place on 4.5.1979 at about 6.30 P.M. in village Balli Nagla, Police Station Qadarchowk, District Budaun. The report of the incident was lodged by Shyam Pal (PW 1) on 5.5.1979 at 3.15 A.M. The distance of police station from the place of occurrence is 8 kms. The accused- respondents Lal Singh and Ramesh were allegedly armed with spears whereas rest had lathis. The accused-respondents Jai Singh, Atar Singh, Lal Singh, Mohar Singh and Beer Singh are the sons of Dallu who also allegedly participated in the incident but died after few days of the incident. About 6 months before this incident, Durgapal-brother-in-law of Shyam Pal (PW 1) had abducted Dhika daughter of Dallu. Accused-respondents began to bear ill will against him and his family members on this account. On 4-5-79 at about 6.30 P.M., exchange of hot words and abuses took place between Shyam Pal (PW 1) and Dallu at the Chaupal of Nek Ram in connection with abduction of Dhika. Some persons intervened in the matter and Shyam Pal went to his home. A little later, all the accused-respondents along with Dallu entered the house of Shyam Pal. As mentioned earlier, Lal Singh and Ramesh were armed with spears whereas rest had lathis. Dallu asked the other accused persons to teach a lesson to Shyam Pal and his family members for defaming him. All the accused-respondents then started assaulting Shyam Pal (PW 1) and his brothers Sonpal and Ram Murti who were present there. When their mother Katori Devi came to their rescue, she was also beaten up. Nathu Singh (PW 2), Ulnfat Irfan, Prem Pal and others also arrived there. Shyam Pal (PW 1), Ram Murti, Sohan Pal (PW 3) and their mother Katori Devi sustained injuries. Shyam Pal (PW 2) with his nephew Prempal went to the police station and lodged a report by oral narration on 5.5.1979 at 3.15 A.M. which was taken down by head constable Baburam (PW 4). Investigation was undertaken and on completion thereof, charge sheet was filed. Accused persons pleaded innocence. In order to further accusations, prosecution examined eleven witnesses. Learned trial Judge recorded conviction primarily relying on the evidence of injured witnesses.
(3.) It was firstly noticed by the High Court that the motive assigned by the prosecution against the accused respondents did not stand the test of logic. The incident of kidnapping and abduction of Dhika daughter of Dallu by Durgapal-brother-in- law of Shyam Pal (PW-1) had taken place about six months before. Even no FIR had been lodged against Durgapal from the side of accused persons regarding that incident. It was admitted by PW-1 that even no Panchayat was convened. Further Shyam Pal (PW-1) had admitted that at the time of exchange of hot words with Dallu at the Chaupal of Nek Ram, two persons namely, Nek Ram and Urman Singh were there who had intervened. None of them was produced by the prosecution to indicate the origin of the incident. Dallu himself was a T.B. patient and the High Court found it hard to believe that after alleged exchange of hot words at the Chaupal of Nek Ram, he with all his sons, brother and nephew would have appeared in the house of PW-1 to assault him and his family members. Accordingly, it was held that even there was no immediate motive for the alleged occurrence.;