Palok Basu, J. - (1.) The State of U.P. has filed this Government Appeal against the order of acquittal of the respondents of charge under Sections 302, 302/34, I.P.C., 323, I.P.C. and 323/34, I.P.C. passed by I Addl. District and Session, Judge, Budaun on 31.7.78 in Session, Trial No. 267 of 1977.
(2.) Hari Shanker alias Harish Chandra, the fat her and his two sons, Girja Shanker alias Sukha and Ashok Kumar alias Padari wee tried on the charge of having committed the murder of Ram Bahadur and having caused simple injuries to Ram Nath at about 7.00 p.m. on 27.6.77 in village sharah Baraulia falling within the limits of Police Station Ughaiti, District Budaun. Hari Shanker appellant was charged under Section 323, I.P.C. simpliciter relating to the injuries of Ram Nath whereas Girja Shanker appellant was charged under Section 302, I.P.C. simpliciter or the alleged murder of Ram Bahadur.
(3.) According to the prosecution case there was some enmity between the appellants on the one hand and informant Chandra Prakash and his family members on the other. This enmity had started relating to the elections 14 for the office of Pradhan. It was further stated that on the day of the incident around noon some altercation took place between the grandson of the complainant i.e., Ram Nath on the one hand and Girja Shanker and Ashok Kuinar on the other relating to the use of the pond for bathing she-buffaloes. Consequently in the evening at about 7.00 p.m. when the complainant, his sister's son (Bhanja) Ram Bahadur had gone to the Chaupal of Rarn Sewak Brahman, the three appellants Hari Shanker armed with a lathi and Girja Shanker and Ashok Kumar both armed with country made pistols reached there. Hari Shanker incited AAJ SALON SE NIPAT LO. On this the complainant and Ram Bahadur and Ram Nath tried to intervene saying that the dispute amongst the children should not be taken to such enmity but no heed was paid. Hari Shanker gave lathi blows to Ram Nath, Ashok Kumar fired a shot from his Tamancha but all of them narrowly escaped. Then Girja Shanker fired another shot from his Tamancha hitting in the neck of Ram Bahadur who fell clown and died then and there. This having been done, the appellants fled away towards north.;