Palok Basu, J. - (1.) This Government appeal has been preferred by the State of U.P. against the acquittal of respondent Ram Swarup, Babu Ram, Ram Pal and Ram Bilas of charge under Section 302/34, I.P.C. as passed by II Additional Sessions Judge, Shahjahanpur on 30-8-1978 in Sessions Trial No. 231 of 1978.
(2.) The charge against the respondents was that by intentionally causing the death of Phool Singh on 24-1-1978 at about 5 p. m. near the brick-kiln in village Chaundera, police station Sehramau South, district Shahjahanpur, they committed an offence punishable under Section 302/ 34, I.P.C.
(3.) On 24-1-1978 Prahlad Singh (P. W. 1) and the deceased brother Phool Singh had gone to Shahjahanpur to witness the election and were returning from there on their cycles. At about 5 p. m. they reached near the brick-kiln. There is a road running from north to south. Deceased Phool Singh was ahead of Prahlad. From the western side of the Rasta accused Ram Swarup armed with a Bhala came out from behind the bushes and said that Phool Singh be surrounded. As soon as Phool Singh got down from the cycle the other three accused also came out from behind the bushes. Accused Rampal had a Tamancha while the other two accused had guns. As soon as Phool Singh made an effort to run away Rampal discharged his Tamancha hitting him. Phool Singh ran towards the brick-kiln which is to the north but was chased by the accused. Phool Singh was raising alarm. Phool Singh first went to the kitchen, then to the room to the south of the kitchen and then to the office of the brick-kiln. Accused Rampal, Ram Bilas and Babu Ram discharged their weapons on Phool Singh who fell down on the entrance of the office. The incident was witnessed by Kanhai (P. W. 3),, Baiju, Jamil and Radha Kishan. The accused then ran away towards the west. P. W. 1 Prahlad when went to the door of the office and found his brother dead. There were blood stains and pellets at the spot. He got a report of the incidents scribed by Chhotey Lal Ext. Ka 1 and made it over at the police station Sehramau South. P. W. 4 Kirpal Singh, Head-constable prepared the F.I.R. Ext. Ka 3 and made endorsement in the General Diary Ext. Ka. 4. A. S. I. Gauri Shanker and S. 0. P. B. Singh took up investigation in the case. The Investigator took specimen of blood and pellets in his possession and prepared memos Exts. Ka 5 and Ka 6. The Investigator prepared challan corpse. Panchayatnama and diagram Exts Ka 8 to Ka 10 and sealed the corpse which was received by Dr. Sudhir Singh who performed autopsy and prepared a report Ext. Ka. 2. The Investigator prepared a siteplan Ext. Ka 7 and on completion of the investigation submitted charge-sheet Ext. Ka. 11.;