- (1.) STATE has filed this: appeal against the acquittal of respondents on 17-12-1974 by Sri M. P. S. Tomar, learned II Additional Sessions Judge, Farrukhabad in Sessions Trial no. A 187 of 1974. Respondents were acquitted of the charges under sections 302/34 and 342/34 of the Indian Penal Code.
(2.) RESPONDENTS Harnath Singh and Shivnath Singh are own brothers, sons of Chuttu Singh Thakur, Man Phul is Jatav and Bansi is Kahar. All the respondents are associates belonging to one party; all the respondents are residents of village Dhirajpur, hamlet of Sawasi, police-station Kamalganj, district Farrukhabad. Victim Rati Ram was the husband of informant Smt. Chameli Devi PW 1, who was a co-villager of respondents.
(3.) POTATO field of respondents Harnath Singh and Shivnath Singh lay towards south-west of their sitting room near the pond as shown in the site plan Ext. Ka. 14 by investigator Sri V. N. Sharma, PW 9, Harnath Singh and Shivnath Singh suspected the removal of some potatoes from this field by deceased prior to occurrence. It was on 23rd of January, 1973 at about 8 p. m. that all the respondents reached the door of deceased who was taking his food which was being served by his wife, Smt. Chameli Devi, aged about 25 years; her niece and sister-in-law were also present inside the house; no other male member was present. Harnath Singh directed deceased Rati Ram to come out immediately as be had stolen their potatoes ; when Rati Ram emerged out of his house and denied the theft, an altercation took place and he was forcibly taken to the field aforesaid ; Smt. Chameli and her sister-in-law and niece also emerged out; her sister-in-law had a lantern ; they found all the respondents armed with lathis in a violent mood ; the victim was carried to the potato field and had hardly entered the same that all the respondents belaboured him with lathies despite weeping and wailing of Smt. Chameli and her sister-in-law and niece; Itwari an oil seller, PW 2, and Gobardhan, barbar of the village also reached there flashing torches while the beating was in progress; they also requested respondents to refrain, in vain ; however, the respondents were adamant and parried Rati Ram to sitting room of Shivnath Singh and Harnath Singh, with the avowal to hand him over to police in the next morning ; Rati Ram was confined in the sitting room ; Smt. Chameli and others entreated in Vain to secure the release of Rati Ram; eventually they had to return. It was early on the next morning that Smt. Chameli approached Pradhan Bhajan Lal and Bachchan Lal, etc. to intervene. When they reached near the sitting room, Harnath Singh and Shiv Nath Singh locked the sitting room and went away towards Sawasi alleging that it was not proper for them to stay any longer there. Smt. Chameli, Bhajan Lal and Bacbchan Lal peeped through the window of the sitting room and found Rati Ram lying dead on straw.;