G. D. Dubey, J. - (1.) NINETEEN persons were tried by the Second Additional Sessions Judge, Basti for the offences punishable under Sections 148, 302, 307, 324 and 436 I. P. C. (last four road with section 149, I. P. C). The trial court acquitted all of them. Aggrieved by this order, the present appeal has been filed by the State of U. P.
(2.) IN her report lodged at 2.30 P. M. on 13-8-1976 at Police Station Kaptanganj, District Basti, Smt.Kailashwati resident of village Barhani within the above police-station circle has made accusation against the respondents.She alleged that there was dispute between her husband Bhola. and Jhinkan and Gauri Shankar about a filed. IN this dispute, Chandra Maul son of Gauri Shankar had lodged a report. On account of this report, Bhola and his collaterials were sent to jail. The respondents were on the look out to kill the family of Bhola,It is alleged that at about later part of the night between 12th and 13th August, 1975, the respondents Jhinkan alias Girja Shankar, Gauri Shankar, Ram Jiawan and Badioo Singh armed with guns, Ram Milan, Chandra Shekhar, Ram Awadh, Gur Dutt, Manzoor, Laxmi, Girish, Jagdish, Chandra Maul and Chandra Mani armed with Pharasas, Jagdamba, Sita Ram and Manik Chand armed with spears, Jhinka and Rudra Nath armed with lathi along with eight to ten unknown persons of village Italia, came to the house of Smt.Kailash wati. Surya Datta Tripathi, Block Pramukh, Kaptanganj armed with pistol was also there. The persons holding guns and pistols were firing at the spot. These persons started assaulting Bhola, Paltoo and Shiv Sahai with lathis, pharsas and spears. They put to tire to Charni. They stopped assaulting Shiv Sahai after being satisfied that he was dead.The accused said that as Sheo Sahai has been finished they should take Bhola and Paltoo to wards the out-skirts of the village.The miscreants carried Bhola and Paltu.The reporter had stated that a lantern was burning in front of the house. On an alarm, Ram Lal, Bhokar, Ram Narain, Banarst, Jiawan, Gauri Shanker, Prem Narain, Ram Both and several others had arrived. The witnesses followed the miscreants who were taking Bhoia and Paltu.They took them to out skirts of the village and chopped the leg of Paltu and caused injuries to Bhola with pharsas, lathis and spears. Thinking that these persons have died. the assailants went away. They had fired towards the witnesses warning that they should not come near them.It was stated in the first information report that, at the place of occurrence, an empty cartridges case and a broken part of a gun, on which No. 3229 is written, was found. It was urged that the assailants had blocked the passage of the complainant and that is why she could not come to the police station early. However, the injured were taken to District Hospital on rickshaws. Bhola, Paltu and Sheo Sahai were examined at 9.30 a. m., 10.15 a. m. and 10.45 a. m. respectively by Dr. R. V. Pandey of District Hospital, Basti, The injuries found by the doctor on the persons of each of the assailants have been noted in detail in the judgment of the trial court. It is not necessary to repeat them in this judgment. After lodging of the report, the investigation of the case had been taken up by Rajendra Pathak (PW 7) who was Station Officer of the police- station He interrogated the witnesses at the spot and prepared site plan. He took sample of ash from the Charni of Paltu which had been burnt by the miscreants After other necessary investigation, Jhe charge-sheet had been submitted against the respondents,
(3.) BHOLA had died in the hospital. The inquest proceedings on his dead-body had been conducted by a Sub-Inspector of Police-Station Kotwali. The dead-body had been seat to the mortuary for post-mortem Dr. D. P. Mukerji (PW 8) had conducted the post mortem at 2.00 p.m. on 14-8-1975. The doctor had found same injuries as were noted in the injury report (Ext.Ka-19). The doctor had opined that the deceased had died due to shock and haemorrhage as a result of multiple injuries. The prosecution had examined eight witnesses. Out of these witnesses, PW 1 Smt.Kailashwati. PW 2 Paltu and PW 3 Gauri Shanker were eve witnesses. Ram Singar Singh Constable (PW 4) had taken the dead-body of Bhola to the mortuary. PW 5 R.S.Shukla had registered the case at Police-station Kaptanganj. Ram Bodh (PW 6) is scribe of the report. He had not supported the prosecution story. He had, however, stated that another draft (Ext. Kha 1) was prepared before the lodging of the report. In this report, a fact about the dacoity in the night of the occurrence was said to have been committed in the house of Smt. Kailashwati. The role of PWs 7 and 8 have already been indicated above.;