M.C. Jain, J. - (1.) This appeal came to be filed by the State against the judgment and order dated 13.9.2002, passed by Sri Vimal Chandra, Additional Sessions Judge (Court No. 6), Gorakhpur in Sessions Trial No. 483 of 1999. Jagdish Murav, Ganga Murav, Uday Bhan Pandey and Ram Sahai Pandey have been acquitted of the charge under Section 307 read wish Section 34 I.P.C.
(2.) Under order dated 1.5.2003 passed by this Court, leave to file appeal was granted only against the accused respondent No. 1, Jagdish Murav who was said to be the main assailant. To the remaining three, namely, Ganga Murav, Uday Bhan Pandey and Ram Sahai Pandey, the role of exhortation had been assigned and the evidence was that they were unarmed too. Therefore, in this appeal, the Court is concerned only with accused-respondent No. 1, Jagdish Murav.
(3.) A brief reference to the factual position would suffice. The incident allegedly occurred on 6.3.1993 at about 8.30 P.M. in Mohalla Kauadah, Police Station Rajghat, District Gorakhpin and the F.I.R. by oral narration was lodged by an eyewitness Ram Surat PW 1, uncle of the victim Babu Lal Yadav PW 2. The informant, victim and the accused all were residents of Phulhar Khurd, P.S. Bansgaon, District Gorakhpur. There was some land dispute and litigation pending between the father of the victim on one hand and the accused Jagdish Murav on the other from before. On the fateful day, the informant Ram Surat with Dhanush Dhari and Chhedi had gone to Gorakhpur for marketing on the eve of Holi festival. The victim Babu La was employed as a truck driver with one Ashok at Gorakhpur and after making purchases, the informant Ram Surat PW 1 with his companions went to meet his nephew Balm Lal Yaduv PW 2 at Kauadah at about 8.30 P.M. Babu Lal was sitting on driver's seat in Swaraj Mazda vehicle. The accused Jagdish Murav and the other three co-accused were quarreling with him hurling abuses over the issue of litigation. Jagdish who was armed with a countrymade pistol opened fire on him hitting him on his neck. Thereafter, Jagdish and his companions made their escape good towards northern side. Babu Lal injured was taken to Medical College, Gorakhpur and admitted there. He was medically examined on 6.3.1993 at 9.30 P.M. by Dr. Virendra Kumar PW 3. The following ante mortem injuries were found on his person: I. Lacerated wound 9 cm x 6 cm x muscle deep on the right side neck, just above the right clavicle, bleeding present. Blackening and abraded colour present around the wound. X-ray was advised. Margins inverted.;