ZAKI ULLAH KHAN, J. - (1.) HEARD learned counsel for appellant, learned counsel for the respondents and perused the relevant record.
(2.) THE instant appeal has been preferred on behalf of the State against the order passed by VIII Additional Sessions Judge, Sitapur, in Sessions Trial No.634 of 1985 acquitting the respondents of the charges under Section 302 I.P.C. read with Section 149 I.P.C. Respondents Ram Bahadur and Suraj Pal were acquitted under Section 148 I.P.C. and rest of the respondents were also acquitted under Section 307 read with 149 I.P.C and 323 read with Section 149 I.P.C. Brief facts giving rise to this appeal are that P.W.1 Rameshwar presented a written report, Ex.Ka-1, before Police Station Rampur Kalan, District Sitapur ; that in the written report the complainant Rameshwar P.W.1 has alleged that 12 years prior to the occurrence of this case he along with his deceased brother Ram Bilas and villagers were sent to jail in connection with the murder of Ram Kishan Singh, brother of accused Suraj pal Singh ; Ram Bilas (now deceased) was convicted and sentenced to life imprisonment by the Court of Sessions while the complainant Rameshwar P.W.1 was acquitted in that case ; that Ram Bilas too was acquitted in appeal by the High Court ; that on account of this enmity, on 25.8.1985 at about 12.00 noon, respondent Suraj pal Singh and Ram Bahadur armed with Bhala and other respondents armed with lathis reached near the door of Ram Bilas (now deceased) ; that respondents Ram Harsh alias Lallu after giving a lathi blow to Ram Bilas exhorted the other respondents to beat him by saying that "Saala Qatl Men Bach Gaya Hai, Maro Saale Ko Zinda Na Bachne Pave" ; that all the respondents started beating the deceased with lathis and Bhala : that Rameshwar P.W.1 along with his mother Smt.Ram Pyari rushed to rescue; that they were also beaten up by the respondents Sant Lal, Ram Prakash alias Pandit, Godhan, Jagjivan Singh, Ram Chandra, Shatrohan and Ram Shankar ; that witnesses Ramadhin Singh P.W.2, Avadh Naresh Singh, Ram Pal Singh, Krishna Kumar son of complainant and Madan Mohan of village Daheva along with several persons reached the spot and challenged the respondents ; that the respondents on seeing so many persons ran away towards east of the village after threatening the witnesses ; that Ram Bilas died on the spot due to injuries caused by the respondents by lathis and Bhalas ; Rameshwar P.W.1 and his mother also sustained injuries ; that P.W.2 Ramadhin Singh, who scribed the F.I.R. on dictation of P.W.1 Rameshwar and P.W.1 testified it by putting signature on it ; that Rameshwar P.W.1 proceeded for Police Station Rampur Kalan leaving behind dead body in the custody of the villagers ; that he reached at Police Station at about 1.45 p.m. and handed over the written complaint to P.W.5 Head Constable Clerk ; that Head Constable Clerk prepared Ext.Ka-5 chick report and on the basis of report Ext.Ka.-1 registered a case at G.D.No.16 (Ext.Ka.6) ; that investigation was handed over to P.W.6 Station Officer, the Station Officer/Investigating Officer proceeded towards the occurrence along with Sub-Inspector R.P. Kuril ; that R.P. Kuril prepared inquest report Ext.Ka.8 at 3.30 p.m. ; that all the formal papers regarding the dead body i.e. challan lash, photo lash, letter to C.M.O. Letter to R.I. and specimen of seal were prepared which are Ex.Ka.9 to Ka.13 respectively ; that the dead body was sealed and sent for autopsy which was escorted by constable Shri Krishna and Chaukidar of the village ; that all other formalities were completed on the spot ; that memo of blood stained soil and plain soil were prepared on the spot, which is Ex.Ka.14 ; that memo of blood stained cloth worn by the complainant, which is Ex.Ka.16 ; that during investigation the Investigating Officer prepared site plan of the place of occurrence, which is Ex.ka.17 ; that he has also prepared Chitthi Majroobi of complainant and his mother and sent them for medical examination to P.H.C. Biswan. Since the Investigating Officer was transferred, the investigation was transferred to another Sub-Inspector Sri Netra Pal Singh, who after completing the investigation submitted the charge sheet ; that autopsy of dead body was conducted on 26.8.1985 and the autopsy report is Ex.Ka.2 ; P.W.1 Rameshwar was medically examined on 25.8.1985 at 8.00 p.m and the injury report was prepared by the Doctor which is Ex.Ka.4 and injury report of his mother, who was examined the same day is Ex.Ka.3 ; that after examining all the prosecution witnesses and going through the record learned trial court was of the view that prosecution failed to establish its case beyond reasonable doubt ; that the F.I.R. was ante-time and there was enmity since last 12 years' between the deceased and respondents and probability is that due to enmity they have been falsely implicated ; that the prosecution could not establish whether they had caused the injuries to the deceased and the two injured and therefore, acquitted all of them of the charges. Aggrieved by the aforesaid decision, the present appeal has been preferred on behalf of the State.
(3.) LEARNED Government Advocate argued at length. Learned Government Advocate pointed out that the F.I.R. Ex.Ka.1 was lodged against as many as 15 respondents. The allegation in the F.I.R. was that in prosecution of their common object, the accused persons armed with deadly weapons killed Ram Bilas and caused injuries to complainant Rameshwar and his mother with intention to kill them.;