J.C.Gupta, Bhanwar Singh - (1.) -This Government appeal is filed against the judgment and order dated 22.5.1990 of Sri R. S. Pandey, Additional Sessions Judge, Karvi, district Banda, whereby the accused respondents 1 to 10 have been acquitted of the offences punishable under Sections 147, 148, 302, 325, 323 and 149, I.P.C.
(2.) ACCORDING to the prosecution case, an incident occurred at about 8 a.m. 4.7.1980 in the field of the complainant, Anurudh Kumar wherein Juguntha was shot dead and Anurudh Rastogi, his brother, Arun Kumar Rastogi, Hari Mohan (Halwaha) and Jagdish Prasad, father of Anurudh Kumar sustained blunt object injuries. Surendra Singh, respondent No. 1 is said to be armed with a 'pharsa', respondent Dinesh Singh with a double barrel gun, Manrakhan Singh with a single barrel gun and the rest of the accused respondents with lathi. It is alleged that all these 10 persons forming an unlawful assembly came at the field of Smt. Prema Devi Rastogi, mother of Anurudh Kumar, where Anurudh along with his brother Arun Kumar Rastogi, father Jagdish Prasad and 7 ploughmen were present and were ploughing the field since 6 a.m. Accused Surendra Singh asked Jagdish Prasad to stop ploughing the land as he was in possession since long but when the complainant party did not desist, the accused persons started assaulting the complainant party with their respective weapons. Dinesh Singh is said to have fired upon Juguntha (Halwaha) causing him one fire-arm injury on his chest which resulted in his instantaneous death. Leaving dead body of Juguntha, injured Arun Kumar and Hari Mohan on the spot, Anurudh Kumar carried his injured father Jagdish Prasad to police station Mau and there he lodged written report, Ex. Ka-1 on the same day at 11 a.m. On the basis of written report of Anurudh Kumar, case was registered and investigation ensued. The Station Officer, Sri S. N. Pandey, P.W. 3 reached the place of occurrence, held inquest and sent the dead body of Juguntha for post-mortem examination. He also recorded the statement of witnesses, made inspection of place of occurrence and prepared site-plan Ex. Ka-7. Samples of blood-stained and plain earth were also collected through memo Ex. Ka-9. Four pellets were also recovered from the place of occurrence and they were also taken in police custody through memo Ex. Ka-8. After completion of investigation, a composite charge-sheet was submitted against all the ten named accused persons.
(3.) ON the same day, Dr. R. K. Ram, P.W. 4 medically examined Jagdish Prasad, Anurudh Kumar, Arun Kumar Rastogi and Hari Mohan at Primary Health Centre, Mau. Jagdish Prasad Rastogi was medically examined at 11.30 a.m. and following injuries were found : (1) Lacerated wound present on the scalp on left side, situated 5 cm. left to the midline of the scalp and 7.5 cm. above the left eye brow. Direction-Vertical size 5 cm. 1 cm. bond deep. Margins of the wound irregular, fresh bleeding present. Advised X-ray skull. A.P. lateral. (2) Contused swelling present all round the middle part of right forearm. Colour of contusion was red. On examination there was found fracture of both bones of forearm. The lower segment was moving apart from the upper part of the forearm. Marked tenderness present. Advised/ X-ray right forearm. A.P. and lateral views. (3) Contusion present on the posterior part of the right upper arm, situated 13.5 cm. above the right elbow joint, size 7.5 cm. 4.5 cm. The colour of the contusion was red. Surrounding area was swollen and tender. (4) Line contusion present on the lateral aspect of the right thigh situated 13 cm. above the right knee joint, size 23 cm. 2.5 cm. Injury No. 4 continued. Colour of contusion red. The wound was swollen and tender. (5) Contusion present on the lower part of the right thigh, situated just above the right patella bone. Direction transverse, size 10 cm. 2.5 cm. colour red. The wound was swollen and tender. Advised X-ray right thigh including right knee joint A.P. and lateral views. (6) Contusion present on the posterior surface of the left hand on the Matacarpal bone of the left index finger, size 6 cm. 3.3 cm., colour red. Wound is swollen and tender. Advised X-ray of right hand ; A.P. and lateral views. (7) Abraded contusion present on the anterior surface of the left knee joint, size 5.5 cm. 4 cm., colour red. Surface looking fresh. ;