- (1.) THIS government appeal has been preferred against the judgment and order dated 18.8.1981, passed by the VIIth Additional Sessions Judge, Etah in Session Trial No.170 of 1979, State Vs. Harvir Singh and four others, under Sections 147, 323, 326 and 307 IPC, P.S. Amapur, District Etah, acquitting all the five accused of charges framed against them.
(2.) THE brief facts related to the appeal are that on 28.2.1978 at about 1:15 p.m., Shyam Singh lodged an FIR against accused persons with the allegations that "yesterday on 27.2.1978 when he was returning from the school he met with a quarrel with accused Bhagwan Singh and Jaiwir Singh over his rubbish taken by them and upon their threat he fled to his home". That, today on 28.2.1978 at about 8:30 a.m. when he was going to school all the five accused persons armed with pharsa, ballam and lathi gathered around him with common intention to cause his death and caused multiple injuries to the first informant, who was rescued by Ranvir Singh, Vijay Singh, Kespal Singh, Chandrapal Singh and Premvir Singh. The trial Judge framed charges under Section 147 IPC against accused Sheodan Singh, Bhagwan Singh and Bahoran Singh, under Section 148 IPC against accused Harvir Singh and Jaiwir Singh and under Section 307 read with Section 149 IPC against all the accused.
(3.) IN order to prove its case the prosecution produced first informant and injured Shyam Singh as P.W,1, eye witness Ranvir Singh as P.W.2, Constable Shri Gurupat as P.W.3, Investigation Officer, S.I. Shri C. L. Pathak as P.W.4, Dr. V. V. Singh, Medical Officer as P.W.5 and Dr. Kuldeep Singh(Radiologist) as P.W.6. After examination of accused persons under Section 313 of the Code of Criminal Procedure and analysing the documentary as well as oral evidence on record, the trial Judge found that there was inordinate delay in lodging the FIR; material contradictions between the ocular and medical evidence and also as to place of occurrence which was alleged to be the Chabutra of Ranvir Singh; the Investigating Officer did not collect blood stained earth from the place of occurrence; no FIR was lodged in respect of the alleged previous incident dated 27.2.1978 and that civil litigation was pending with the accused persons which was sufficient for false implication of accused persons.;