M.C.JAIN,J. - (1.) THE State has preferred this appeal against the judgment and order dated 31 -10 -1980 passed by Sri B.I.S. Sodhi, I Additional Sessions Judge, Bareilly in Sessions Trial No. 78 of 1980 acquitting the accused respondents, namely, Dal Chand, Kalyan, Asharfi Lal, Brijpal, Lakhpat and Dhakan of the charges under Sections 147, 148, 302 read with Section 149 I.P.C., 323 I.P.C. read with Section 149 I.P.C. and 201 I.P.C.
(2.) THREE accused respondents, namely, Dal Chand, Kalyan and Dhakan have died during the pendency of the appeal and the same has abated in respect of them under order dated 21 -2 -2005. Presently, the Court is concerned with the remaining three accused respondents. The facts necessary to be stated for the decision of the appeal may be set forth. The incident took place on 1 -10 -1979 at about 9.30 a.m. in Village Biharipur, P.S. Bithri, District Bareilly and the report was lodged at 12.05 p.m. by oral narration by the injured PW 1 Sohan Lal, a friend of the deceased Ram Charan. P.W. 3 Gajraj Singh resident of village Harharpur, P.S. Faridpur was the Pradhan of the complainant's village Dalpatpur. The deceased Ram Charan S/o Mohan Lal (friend of the complainant) was Up -Pradhan of village Dalpatpur, Lalta Prasad, uncle of Ram Charan had given evidence against the accused Dhakan in an arson case resulting in conviction of Dhakan who was on bail at the time of the incident. About two years before the incident, the complainant's step brother accused Dalchand had taken unlawful possession of Gaon Sabha land and had built house thereon. In that regard, Gajraj Singh, Pradhan had filed a case in Court against Dal Chand, pairvy of which was being done by the complainant and Ram Charan (Up -Pradhan) alongwith Gajraj Singh (Pradhan). For these reasons, Dal Chand and Dhakan bore enmity against Ram Charan, Lalta and the complainant. The other accused belonged to the group of Dal Chand and Dhakan. The incident occurred on Dushera festival day. According to village custom, one rupee as Shagun was being given by every person to Chaudhary Chet Singh, Zamindar of village Mehtarpur. The complainant alongwith Ram Charan deceased was going to village Mehtarpur for that purpose. When they reached in village Biharipur, they took Biri from the shop of Durga Giri and sat on the cot lying in front of his shop, smoking Biri. Just then, six accused persons, Lakhpat, Dal Chand, Kalyan, Dhakan, Brijpal and Asharfi came over there from western side Lakhpat was armed with Kanta and the rest had lathis. Reaching there, they at once started assaulting Ram Charan with Kanta and lathis. The complainant tried to save Ram Charan. But the accused assaulted him too. The complainant and Durga Giri raised alarm, attracting the witnesses Data Ram, Lalta Prasad and Gajraj Singh, Pradhan. Receiving the injuries, Ram Charan fell down on the ground from the cot and died instantaneously. In order to save his life, the complainant ran, but Brij Pal accused chased him and gave him 2 -3 more lathi blows. The accused Kalyan and Asharfi caught hold of the dead -body of Ram Charan and began to drag it towards the river, mouthing filthy words. The complainant and other witnesses raised alarm and followed the accused persons. Sohan Lal, Pradhan of Biharipur, Munney and Kishan Lal (Chaukidars) and several others of the village Biharipur came after them who followed the accused and challenged them. The accused then left the dead -body of Ram Charan at a distance of about 2 furlongs towards north of abadi of village Biharipur on the Mend of sugarcane field of Natthu Ahir and ran away. After leaving the two Chaukidars, the two Pradhans Sohan Lal and Gajraj Singh and several other persons near the dead -body, the informant Sohan Lal, son of Prasadi Lal went to the Police Station and lodged the F.I.R. by oral narration.
(3.) THE complainant had suffered several injuries on his person and was sent for medical examination. A case was registered and investigation followed as usual. Reaching the spot, the Investigating Officer found the dead -body lying on the Mend of sugarcane field of Natthu. He deputed PW 4 S.I. Babu Ram Diwakar for preparation of Panchayatnama of the dead -body and busied himself in interrogating the witnesses of the occurrence and in other activities related to investigation. The same day, he went to village Dalpatpur and searched the house of Kalyan and recovered the bloodstained lathi which was cut in three pieces and was taken in possession. Blood stained lathis was recovered from the houses of Dal Chand and Brij Pal also which were taken in possession by the Investigating Officer. From the house of Dhakan also, a bloodstained lathi was recovered and taken into possession.;