M.C.JAIN,J. - (1.) BOTH these appeals arise out of the same incident, though the accused Swami Deen Ravi Sadashiv Balak Das, Ramesh alias Zalim, Ram Ratan, Asha Ram and Ram Swarup (six accused respondents in Government Appeal No. 2498 of 2000) were tried jointly in Sessions Trial Nos. 289 of 1995 and 59 of 1997 and acquitted by Special Judge (D.A.A.), Hamirpur by judgment dated 19 -5 -2000 and the accused respondent Indrapal was tried before the same Court in a separate Sessions Trial No. 59 of 2000 and acquitted by judgment and order dated 28 -2 -2002. The reason of his having been tried separately was that he had earlier absconded and could not be committed to be tried with the other accused of this case. Indrapal surrendered before CJM Hamirpur on 2 -6 -2000 after the other co -accused of this case had earlier been acquitted on 19 -5 -2000. His case was then committed to the Court of Sessions Judge the same day. There was yet eighth accused of the felony, namely, Ram Kishore who died during the course of investigation.
(2.) SINCE the two appeals pending before us relate to the same incident, we have heard them together and are deciding the same by this common judgment. Regard is, however, to be had to this aspect of the matter that the evidence is in two sets i.e. one adduced at the trial of the accused respondents other than Indrapal and the other in the subsequent trial of Indrapal. We first give thumbnail sketch of the case as per the F.I.R. and the evidence adduced in the Court for proper appreciation of subsequent discussion that will follow. For the sake of brevity, the appellants would hereinafter be referred to as accused. Ram Ratan accused is the father. Asha Ram, Ram Swarup and Indrapal accused are his sons. The accused Ram Kishore (who died during investigation) was also the son of Ram Ratan. The other three accused Swami Deen, Ravi Sadashiv Balak Das and Ramesh alias Zalim being strangers are not connected with the family of Ram Ratan, Swami Deen and Ravi Sadashiv Balak Das are of Banda and Ramesh alias Zalim is of Hamirpur. They are not named in the F.I.R. Rather their implication is based on identification. The deceased of the incident was Kishanu Babu, brother of eye -witness Vishnu Shankar P.W. 1.
(3.) IN Sessions Trial No. 59 of 2000 relating to Indrapal, only two witnesses were examined by the prosecution, namely, Vishnu Shankar P.W. 1 and Munnu Singh P.W. 2. Vishnu Shankar was P.W. 1 in earlier Sessions Trial also but Munnu Singh was examined as P.W. 6 in the earlier sessions trial.;