G.S.N.TRIPATHI, J. - (1.) This is an appeal under Section 378, Code of Criminal Procedure filed by the State of Uttar Pradesh against the judgment and order dated 30-9-1978 passed by the III Additional Sessions Judge, Banda whereby the learned Court has acquitted accused Raj Bahadur, Ram Autar, Ram Sajiwan and Ram Kishore of a charge under Section 302 read with Section 34, Indian Penal Code.
(2.) The prosecution case started on the basis of written First Information Report lodged by Shiv Kanth Prasad, PW 1 at Police Station, Tindwari, district Banda. He has alleged that on 29-6-1975 around 7.30 a.m., deceased Shiv Prasad was talking with Kalpu Harijan, PW 2 near his cattle-shed. Accused Raj Bahadur armed with a gun and accused Ram Autar Singh armed with a Barchi appeared all of a sudden from the north. Accused Ram Sajiwan Singh armed with a gun and accused Ram Kishore armed with a spear appeared from the south. Accused Ram Autar and Ram Kishore exhorted the other two accused to kill Shiv Prasad and he should not be allowed to go away. Hearing the alarm raised by Shiv Prasad, the complainant, his brother Shiv Narain and Har Prasad also came out of their houses. Thereupon Raj Bahadur and Ram Sajiwan fired at Shiv Prasad as a result of which he fell on the ground. The witnesses raised further alarm which invited the attention of the neighbours whereupon the accused ran away. Shiv Prasad received injuries on his hands, wrist and other parts of his body as a result of fire shots. His condition was precarious and he was admitted in District Hospital, Banda through the intervention of Police Station Kotwali, Banda. Jagdish alias Manav was murdered in March, 1973. In that case. complainant's brother Shiv Dutt, the deceased, his cousin Raja Ram and Durga Prasad were arrayed as accused. On 30-5-1975 Shiv Dutt was awarded life sentence in that case. Remaining brothers of the complainant were acquitted by the Sessions Judge. On account of this enmity, the accused had caused almost fatal injuries to the deceased.
(3.) On the basis of the written check-report was prepared at Police Station, Tindwari on 29-6-1975 at 15.05 p.m. The distance of the police station is 6 kilo-metres from the place of occurrence. The case was registered in the General Diary extract of which is on record.;