Decided on June 13,2012

SHYAM LAL Respondents


- (1.) This Government Appeal is preferred by State of Uttaranchal against the Judgment and Order dated 27.01.2003 passed by learned Additional Session Judge / FTC I Haridwar in Sessions Trial No. 85 of 1995 whereby accused / respondents Shyam Lal and Prakash alias Jai Prakash were acquitted of the charges of the offences punishable under Section 452, 302 IPC.
(2.) The contention of learned Additional Government Advocate was that the judgment and order passed by learned Additional Sessions Judge / FTC I Haridwar was illegal and contrary to the facts and material evidence available on record. Learned trial court has wrongly disbelieved the prosecution evidence and wrongly acquitted accused / respondents. The findings recorded by the trial court were wholly based on conjectures and surmises. Learned A.G.A. therefore, prayed that the Government Appeal be allowed and the impugned order of acquittal of the accused / respondents may be set aside. A prayer was also made to convict and sentence the respondents according to law.
(3.) In the instant case criminal law was set into motion at the instance of Brijpal Singh s/o Puran Singh r/o Village Dhanpura P.S. Pathri, District Haridwar. The complaint was addressed to the Station Officer of P.S. Pathri alleging that on 31.10.1993 at 11:30 a.m. when he reached his residence from his fields, he saw that accused / respondents Shyam Lal and Prakash, both sons of Kabul Singh were armed with stained Kaatu and Patal (sharp edged weapons) who fled away in the east towards Fakironwali Gali. The informant heard the cries of children and women from inside the house who were saying that aunty (tai) was killed by Shyam Lal and Prakash. Raj Kumar and Som Dutt, both residents of village Dhanpura saw Prakash and Shyam Lal fleeing away in the lane. No sooner the informant entered into the house, he saw aunty (tai) Chawli Devi dead and her body was lying near the cot in courtyard in pool of blood. Informant s wife Bimla Devi and sister-in-law (bhabhi) told that Shyam Lal and Prakash entered into the house with kaatu and patal in their hands. They inflicted blows of sharp edged weapons on the head and neck of victim. There was a dispute of land between Chawli Devi and Shyam Lal and that is why Chawli Devi (victim) was living with informant (apprehending danger to her life). The occurrence was alleged to have taken place on 31.10.1993 at 11:30 a.m. and the FIR was lodged the same day at 1:00 p.m. The distance between the place of occurrence and Police Station concerned was 5 kms. Hence, there appeared to be no delay in lodging FIR. After investigation of the case a charge sheet for the offences punishable under sections 452 / 302 IPC was submitted against the accused / respondents. When the trial began, charges for the same offences were framed against the accused / respondents, to which they pleaded not guilty and claimed trial.;

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