M.CHAUDHARY, J. - (1.) THIS Government appeal has been filed on behalf of State of U. P. from the judgment and order dated 14th of December, 1981 passed by Sessions Judge Basti in Sessions Trial No. 14 of 1981 State of U. P. v. Daroga and others acquitting the accused of the charge levelled against them under S.147, S.148 and S.302 read with S.149 IPC.
(2.) SINCE accused Daroga was reported having died State appeal with regard to him stood abated vide order dated 4-3-2005. Brief facts giving rise to this appeal are that Lal Bahadur Singh and his brother Jeet Bahadur Singh were on inimical terms with Daroga, the village Pradhan and others due to litigation going on between them. Akbar Ali @ Ghagghu, Anwar Ali, Hazrat Ali and Rauab Ali are sons of Daroga and Satlu is his son - in - law. Lais Mohammad, Hanif and Razzak are cousins of Daroga. Ayuub Mohammad and Akbar Ali are sons of Lais Mohammad. Sabir @ Sadiq and Shafakat are sons of Hanif. Insan Ali is son of Razzak. At about 8.30 a. m. on 13th of September 1980 Jeet Bahadur Singh was returning back from his fields to his house; that on the way he sat with Triyugi Narain Mishra near "Dheki" (Paddy thrashing machine) in the verandah of his house and started talking to him and his family members; that, at that very time, Sabir alias Sadiq reached there and started talking to Jeet Bahadur Singh in connection with going to Bombay and went back. After a little while Daroga along with his sons Ghagghu alias Akbar Ali, Anwar Ali, Rauab Ali and Hazrat Ali accompanied with Lais Mohammad, Ayub Mohammad, Akbar Ali, Shafakat Ali, Insan Ali, Sabir alias Sadiq Satlu and one unknown person who had come from Bombay armed with lathis, ballams, bogda, knives and countrymade pistols reached there and entered the verandah; that Anwar Ali and his brother Akbar Ali @ Ghagghu gave 'ballam' blows to Jeet Bahadur Singh and sustaining the injuries he fell down and that then Daroga and his sons Anwar Ali, Akbar Ali and Hazrat Ali along with Ayub Mohammad and Akbar Ali took injured Jeet Bahadur Singh dragging him inside the room abutting thereto towards north. Immediately Daroga, Hazrat Ali, Ayub Mohammad and Akbar Ali gave him 'Bogda' and knife (chhuri) blows and rest of the miscreants standing near the place of occurrence were shouting that he should be killed. Sighting the assault Ferai and Sipahi rushed to the scene of occurrence. On hearing the hue and cry raised by Triyugi Narain and others and shrieks of the injured Lal Bahadur and his brother Samar Bahadur rushed to the scene of occurrence. After causing injuries to Jeet Bahadur Satlu and the unknown person accompanying him firing with countrymade pistols in order to scare away the co - villagers collected there took to their heels and all the remaining miscreants also fled away with them. Sustaining the fatal injuries injured Jeet Bahadur Singh became unconscious and then Lal Bahadur with the help of others took him on a cot to the Civil Hospital Shohratgarh but by the time they reached the Hospital Jeet Bahadur Singh succumbed to the injuries sustained by him in the said incident. Immediately leaving the dead body at the Hospital in supervision of his family members Lal Bahadur Singh, brother of the deceased went to police station Bilahiya situate at a distance of some six miles from the village and lodged an FIR of the said incident with the police there at 11:15 a. m. the same noon. The Police registered a crime against the accused and one unknown person under S.452, S.307 and S.302 IPC accordingly.
(3.) STATION Officer Vidhya Sagar Mishra who took up investigation of the case in his hands sent SI B. D. Mishra to Civil Hospital Shohratgarh for drawing inquest proceedings on the dead body. SI B. D. Mishra who drew inquest proceedings on the dead body prepared the inquest report (Ext ka 4) and other necessary papers (Exts Ka;