- (1.) THIS Government appeal has been filed against the judgment and order of acquittal dated 22.1.1985 passed by the Sessions Judge, Mathura in Sessions Trial No.65 of 1984 "State Vs. Mahendra and three others", P.S. Baldeo, Sub -district Sadabad, District Mathura, under Section 302 read with Section 34 I.P.C. By the impugned judgment and order, the Sessions Judge, Mathura has convicted one accused Chokhey, under Section 302 I.P.C. and sentenced him to life imprisonment and all the rest three accused charged with charges under Section 302 read with Section 34 I.P.C. were acquitted of the charges framed against them.
(2.) THE brief facts relating to this appeal are that Maharaj Singh lodged an F.I.R. at 4:30 p.m. in P.S. Baldeo, Mathura with the allegations that: "Today on 8.10.1983 at 6:15 a.m. Chokhey Lal and his brothers Ram Gopal and Jamuna of his village caused gun shot injuries to his brother Kishan Singh of which report was lodged by Kishan Singh during noon. Thereafter at about 3:00 p.m. Chokhey and Mahendra sons of Ram Prasad armed with guns, Nihal son of Hari Prasad and Mohan son of Raghunath armed with revolvers came to their house and started abusing him and his brother Chhidda, who were sitting over Chabutara in front of their house. Upon hearing the noise, several persons of village including Ramji Lal and Kalicharan assembled and in the meantime all the accused fired at them with guns and revolvers which, hit Chhidda Singh who fell down and died on the spot and all the four accused, who were clearly identified fled away."
(3.) AFTER completion of investigation, charge -sheet was filed against all the accused and case was committed to sessions and on 16.5.1984 the Sessions Judge, Mathura framed charge under Section 302 I.P.C. against accused Chokhey and under Section 302 I.P.C. read with Section 34 of I.P.C. against all the rest accused. The accused pleaded not guilty and demanded trial." During the pendency of this Government appeal, the convict Chokhey, respondent no.2 and acquitted accused Mahendra respondent no.1 were reported to have died and appeal against them had been abated. The victim Chokhey had filed Criminal Appeal No.942 of 1985 against his conviction and sentence which has also been decided as abated vide order dated 20.3.2014.;