O.P.Pradhan, J. - (1.) SAGHIR, Sadiq and Chhunnan were tried in connection with the charges under sections 302/34, 307/34, 394/397and section 281, all of the Indian Penal Code but were acquitted of these charges by III Additional Sessions Judge, Oral on 18-12-1978. Feeling dissatisfied with the judgment and order of acquittal, the State has preferred this appeal.
(2.) BRIEFLY speaking, the prosecution case as unfolded at the trial is that Kamal Singh (PW 2), Ramphal (PW 3). Hori Lal (PW 4) and deceased Mohan Swaroop were all residents of village Bhendi and were students of first year of the Intermediate classes in Government Intermediate College Kadaura district Jalaun. On 2-5-1976 all these four started from their village at about 5 30 A. M on a bullock-cart towards Kadaura where they had to take on their examination on the next day They left the bullock-cart after some distance and began to move ahead on foot. Near about the well in Santoshi Har which is at a distance of about two miles from village Kadaura, they were accosted by three miscreants-one of whom carried a country made pistol while the other two had lathis. These miscreants asked the boys to accompany them on pain of being shot dead. While these boys accompanied the miscreants towards the tubs-well, Ramphal and Hori Lal managed to escape Kamal Singh and Mohan Swaroop were taken by the miscreants to the Kothri of the tube-well and these two boys were robbed of their clothes cash and a wrist watch by the miscreants inside this Kothri. The miscreants who had carried country made pistol, fired two or three shots on Kamal Singh and Mohan Swaroop as a result of which they fell on the ground. The miscreants thereafter tied the hands of both these victims with a Tahmat and threw them inside the well. Kamal Singh some how Managed to come out of the well with the help of Kakni of the well. He went to Kadaura and dictated a written report of the occurrence (Ex. Ka-1) to Mithilesh Kumar and lodged the same at the police station Kadaura at 9.45 A.M. Awarding to this report, the incident occurred at 8.15 A.M. None was named in the first information report but the description of the three miscreants was given is the report A case under section 394/397 IPC was registered at the police station on the basis of the said written report and the investigation was taken up by S. O. Rajveer Singh (PW 18). He reached the place of occurrence and got the dead body of Mohan Swaroop taken out from the well. An inquest report of the dead body was also prepared and the dead body was sent for post-mortem-examination. Kamal Singh who had also received injuries had also been sent to the local hospital at Kadaura for medical examination. Dr. M. K. Gopai (PW 6) examined the injuries of kamal Singh at about 2.45 P.M. on 2-5-1976. He found three gun-shot wounds on different parts of the person of Kamal Singh. Post-mortem-examination of the dead body of Mohan Swaroop was conducted by Dr. Vijai Singh (PW 5) on 3-3-1976 at 4.30 A.M. at Orai He found six ante-mortem gun-shot wounds of entry on the abdomen and two fractures in the arm and right thigh. He also extracted two pellets from the dead body. Saghlr and Sadiq were arrested on 11-6-1976 and sent Baparda to Jail. Chhunnan surrendered in Court on 2-7-1976 and was also made Baparda thereafter. All these three accused were put up for test identification on 1-8-1976. Accused Saghir and Sadiq were identified correctly at the test identification parade by Kamal Singh (PW 2). Ramphal (PW 3) and Hori Lal (PW 4) while accused Chunnan was identified at this parade by Kamal Singh (PW 2) and Ramphal (PW 3).
(3.) IT is also the case of the prosecution that soon after the arrest on 11-6-1976 accused Saghir made a disclosure statement and in pursuance thereof shirt (Ex, 7) and pant (Ex. 8) which were robbed during the occurrence by the miscreants were recovered from the house of accused Saghir by the Investigating Officer Rajveer Singh (PW 18) in the presence of Raghuvir Singh (PW 8) and others. After investigation, charage sheet for the prosecution of all the three accused was submitted in Court. All the three accused denied their complicity in the crime and attributed their false implication to enmity with the local police. They further pleaded that the witnesses knew them from before and they were also shown to them prior to the test identification ion and were not kept Baparda. Likewise, accused Saghir also denied the recovery of the pant and shirt from his house at his own behest.;