- (1.) THIS Government Appeal has been preferred against the judgement and order of acquittal dated 15.9.1081 passed by Vth Additional Sessions Judge, Allahabad, in Sessions Trial No. 181 of 1980, State Vs. Khinwa Pasi and others, under section 302 I.P.C, Police Station Kokharaj, District Allahabad acquitting all the four accused -respondents of the charges framed against them.
(2.) THE brief facts relating to the appeal are that Ram Phal lodged an F.I.R on 26.11.1979 naming all the four accused at Police Station Khokhraj, District Allahabad with allegations; " that his son Ram Asrey while working as Home Guard, was on duty at Tingai Jalalpur Raod and Smt. Nathia aged about 28 years, daughter of accused Khinwa Pasi, had gone with him with her own sweet will and was residing with him at Sirathu. For this reason Khinwa Pasi, his son Masuri Din, brother -in -law of Masuri Din, Siriya and cousin brother Mathura who were having grudge and enmity with his son. Yesterday on 25.11.1979 at about 4.30 p.m. when his son was returning to Sirathu from his duty through canal strip on his bicycle, all the four accused persons armed with lathi and pharsa made his gherao on account of the enmity on which Ram Asrey leaving his cycle and raising alarm fled into the fields of village Tingai Jalalpur but all the accused chasing Ram Aasrey caused grievous injuries to him with lathi and pharsa in the field of Chatthi Lal. The incident was seen by Bhabhuti and Ram Bhawan, who were coming from Sirathu on canal patri by their cycles and was also seen by sister of complainant Smt. Ramsakhi who was grazing her cattle in the nearby fields. Yesterday he had gone to his sister Smt. Guljari in village Kaju and his nephew Ram Bhawan informed him today morning about the murder of his son, upon which he went to the place of occurrence and found his sister Ramsakhi and others there''.
(3.) AFTER completion of investigation, charge sheet was submitted and case was committed to sessions court. Thereafter the Additional Sessions Judge framed charges against the accused persons under section 302 I.P.C and denying the charges they demanded trial. In order to prove its case, apart from documentary evidence, prosecution has produced, the first informant Ramphal as P.W -1, his sister Smt. Ramsakhi (eye witness) as P.W -2, his nephew (eye witness) Ram Bhawan as P -W 3, Constable Umashankar Pandey as P -W 4, Dr. K.P. Singh who has conducted the post mortem on the dead body of the deceased as P.W -5, Head Moharrir Devi Prasad Saxena as P -W -6, Sub -Inspector Surya Pal Singh as P.W -7 and Station House Officer Hari Prasad Sharma i.e the Investigating Officer as P.W -8.;