- (1.) THIS Government appeal has been filed against the judgment and order dated 29.10.1983 of additional sessions judge/special judge, E.C. Act, Etawah in Sessions Trial No.342 of 1981 "State Vs. Kalloo Singh and three others", P.S. Ajitmal, District Etawah, acquitting all the four accused of the charges framed against them under Section 302 read with Section 34 of I.P.C.
(2.) THE brief facts relating to the appeal are that on written report of Shiv Pal Singh, Case Crime No.194 was registered in P.S. Ajitmal and an F.I.R. was lodged at 6:45 a.m. on 14.8.1981. The report lodged by Shiv Pal Singh follows as under: - "Today on 13.8.1981, the applicant with his brother Mannu Singh and Bateshwari Prasad and Shanker had gone to Tehsil Auriaya in connection with compromise in a dispute over land with Ram Kumar, but since Tehsildar was not available they came back by roadways bus and got down from the bus at Babarpur. From Babarpur they came to Attasu market on foot, where wife of Mannu and Balram son of Dilip met them and the applicant along with Mannu, Balram and wife of Mannu proceeded towards village with the bicycle of Mannu taken from Attasu. At about 6:30 p.m. when they reached in front of the field of Vishambhar Dayal Pandey, they saw that Kalloo armed with country -made pistol, Chakrapan armed with Danda, Lalloo doctor armed with tanchia (axe) and Janardan armed with gun of his brother came out of the field of Vishambhar. Then Chakrapan called upon Mannu that since he is creating problem because of litigation pursued by him, and asked that his time is over. All the four reached to Mannu and when he tried to flee, Janardan with the gun and Kalloo with the pistol made fires which hit Mannu and he fell down. On their alarm when Anand Madhav and Jaldan Singh came for rescue, Lalloo doctor threatened them with similar consequences. All the four accused overpowered Mannu and Lalloo doctor continued to cause injuries with the tanchia till his death. On their alarm as well as on alarm of surrounding people, accused persons fled towards south, across Razwaha. The applicant, Balram and wife of Mannu stayed with the dead body during night and due to fear of accused and darkness could not come in the night and has come in the morning."
(3.) AFTER investigation, charge -sheet was submitted and case was committed to sessions. The additional sessions judge framed charges against all the four accused persons under Sections 302/34 I.P.C. which were denied by them and they demanded trial. In order to prove its case, the prosecution has produced two witnesses of fact. P.W. -1 Balram Singh and P.W. -4 Shiv Pal Singh, both of whom are alleged to be eye witnesses of the occurrence and un -disputedly while P.W. -1 is real brother -in -law (Sala), the P.W. -4 is real elder brother, of the deceased. Except these two eye witnesses, all the rest six witnesses of prosecution are, formal being head -constable, medical officer, constable, investigating officer, head -constable, and constable as P.Ws. -2, 3, 5, 6, 7 and 8.;