- (1.) ONKARESHWAR Bhatt, J. State of U. P. has filed this appeal against judgment and order dated 27-8-1980 passed in Sessions Trial No. 295 of 1979 by the then 1st. Addl. Sessions Judge, Farrukhabad whereby the accused respondents, Raghubir alias Munnu, Janardan, Siya Ram and Ram Singh have been acquitted of the charges under Sections 148, 307 and 307/149 I. P. C.
(2.) LEARNED A. G. A. appearing for the State and Sri V. C. Katiyar, learned counsel appearing for the accused respondents have been heard. According to the prosecution case on 18-1-1979 at about 8. 15 p. m. informant Suresh Chandra, P. W. 1, was sitting in his Kotha on a cot alongwith Bhikham, P. W. 5, and Arjun and a lantern was glowing at the door. At that time all the four accused respondents armed with country made pistols came to the door of Kotha. Ram Singh exhorted while Raghubir alias Munnu exclaimed that informant should be fired at. All the four accused respondents fired from their country made pistols and informant, Suresh Chandra, Bhikham and Arjun sustained fire arm injuries. On alarm raised by the injured Hari Ram, P. W. 2 Ram Kishan, P. W. 3, Bahadur, Tulsi Ram and others came flashing their torches and saw the accused running away. Suresh Chand prepared a written report of the occurrence. The report was given at the police station Kotwali Fatehgarh on 18-1-1979 at 9. 10 p. m. and the case was registered. Investigation of the case was carried by Himmat Singh, P. W. 6, and charge-sheet was submitted against the accused respondents. The accused respondents have denied the prosecution story. Raghubir has stated that informant used to commit theft and injuries were sustained by him and his association while he was committing theft. Accused, Siya Ram, has stated that informant wanted to have land of his choice while he was Pradhan of Gram Sabha and was pressurizing him. Accused Ram Singh has stated that he was a member of Gram Sabha and the informant got annoyed with him in connection with allotment of land.
(3.) INFORMANT, Suresh Chand, PW 1 has admitted that prior to his proceeding to police station for lodging the report he had a talk with his colleagues regarding the incident. This shows that version given in the written report was not spontaneous and if was an outcome of deliberation and consultation. This feature detracts the value of the F. I. R. In the F. I. R. existence of old enmity has been stated by the informant with Raghubir alias Munnu, Jawahar and others. In his deposition informant, Suresh Chand, P. W. 1, has stated that enmity existed since 1974 regarding allotment of some land. However, no immediate cause has been assigned by the informant which could impel the accused persons to commit the crime in question.;