M.C.JAIN, J. - (1.) THE accused respondents Laljit, Ram Samujh, Ram Anuj, Raj Kumar, and Ramdeo were tried before VI Additional Sessions Judge, Azamgarh in Sessions Trial No. 377 of 1978 for the charges under Sections 147 and 307 read with Section 149 IPC. They were acquitted by judgment dated 16 -4 -1981 which has been challenged by the State by means of this appeal. Ramdeo died during pendency of the appeal and the appeal against him abated under order dated 28 -2 -2005.
(2.) A brief reference to the factual matrix of the case as emerging from the F.I.R. and the evidence adduced at the trial would suffice. The incident took place in between the night of 26/27 -4 -1976 at about mid -night in village Godhana, P.S. Pawai, District Azamgarh and the report was lodged on 27 -4 -1976 at 4.45 a.m. by Daya Ram PW 1 (brother of the victim Rajdeo). Daya Ram claimed himself to be an eye -witness and the so called independent eye -witness examined was Ram Awadh PW 3 besides the injured Rajdeo PW 2 himself. The injury report of Rajdeo was proved by the Compounder Rajendra Prasad Shukla PW 4 with the help of Medico Legal Register of P.H.C. Pawai. The injured was examined there on 27 -4 -1976 at 7 a.m. In all eight visible injuries were reported. Out of them, three were incised wounds (one on the head, second on the left ear in middle and third on left side of face). Others were lacerated wounds and traumatic swellings over other parts of the body. All the injuries were simple. Incised wounds had been caused by sharp edged weapon and the rest by blunt object. The two sides were neighbours and had a joint well used for irrigation. In the evening preceding the night of incident, for the irrigation purposes Rajdeo PW 2 had demanded bucket and other material related to persian -wheel from the accused persons other than Raj Kumar which they were keeping. There was an altercation on this issue. The accused did not give the bucket etc. to Rajdeo. The accused Laljit and Ramdeo even threatened Rajdeo PW 2 that they would not leave him to be fit enough to carry out irrigation. In the fateful night, Rajdeo was sleeping on a cot in front of his house. Daya Ram PW 1 was sleeping in the eastern Osara of his house. A lantern was glowing at the door. Their father Basanti and Ram Awadh PW 3 were sleeping in the north in the barn (Khalihan). The other family members were inside the house. The accused came over there and started assaulting Ramdeo with gupti, lohbanda and lathis with intention to murder him. Ram Samujh was armed with gupti and Ramdeo was armed with lohbanda. Others were armed with lathis. Rajdeo raised alarm attracting Daya Ram PW 1, Ram Awadh, Lotu, Mangru and Alidad. Daya Ram PW 1 and Ram Awadh PW 3 had flashing torches also. After assaulting Ramdeo, the accused ran away with their weapons towards eastern side.
(3.) THE defence was of denial and false implication due to enmity. As the evidence of the prosecution did not commend itself to the trial Judge, he recorded the acquittal.;