M. Chaudhary, J. - (1.) This is an appeal from the judgment and order dated 5th of June, 1981 passed by Additional Sessions Judge, Hamirpur in Sessions Trial No. 293 of 1980 State v. Ayudhya Singh and Ors. acquitting the accused of the charge levelled against them under Sections 147, 148 and 302 read with Section 149 IPC.
(2.) Since accused Ram Bahadur was reported having died the State appeal against him stood abated vide order dated 3.5.2005.
(3.) Brief facts giving rise to this appeal are that at 6:15 a.m. on 24th of July. 1980 Subeydar Singh lodged an FIR at police station Sumerpur situate at a distance 15 kms. from village Patyore alleging that he had got three sons Jai Karan Singh, Shiv Karan Singh and Rain Karan Singh; that in the year 1976 dacoity was committed at the house of his co-villager Lallu Singh and he doubted that dacoity was committed at his house at the instance of Ram Karan Singh and hence he started nursing grudge against him and his family members. One Raja Bhaiya resident of village Surauli way also involved in the said dacoity case and he appeared as a defence witness for accused Raja Bhaiya and therefore sons of Lallu Singh used to threaten him now and then but he did not pay any heed thereto. On 23rd of July, 1980 Jai Karan Singh had gone to the market at Sumerpur and in the evening he went to railway station known as 'Jamuna South Bank' to fetch him. The train reached at the station at about 7:30 p.m. and his son Jai Karan Singh, one Shiv Nath Kewat, Dayalu and several others got down from the train. He took gunny bag containing khali from Jai Karan and they along with Shiv Nath and others proceeded towards the village. At about 8:30 p.m. they took turn from link road from pathway going to the village and Ram Karan was going few paces ahead of them. As Ram Karan reached near the field of Brinda Singh, Ayudhya Singh along with Indra Pal Singh armed with DBBL guns and his brother Ranvijay Singh along with one Jagat Singh with SBBL guns and Ram Bahadur with lathi and torch who were already there assaulted him. Ayudhya Singh shouting that they had got their enemy fired at Jai Karan Singh with DBLL gun and immediately Ranvijay Singh, Jagat Singh and Indra Pal Singh also fired at him with their guns and sustaining the firearm injuries Jai Karan Singh fell down at the water channel and ridge of the field of Brinda Singh towards east on the way. The witnesses present there flashed their torches challenging the assailants and then all of them bolted away and the witnesses present recognized them well in the light of the torches and moonlight. Then Subeydar Singh with the help of his co-villagers took the dead body of Jai Karan Singh to his house at village Patyora. Early in the morning Subeydar Singh, father of the deceased, went to the police station Sumerpur situate at a distance of 15 kms from the place of occurrence and handed over written report of the occurrence to the police there. The police prepared check report on the basis of the written report handed over there and made entry regarding registration of the crime in the GD. Station Officer Asha Ram who took up investigation of the crime in his hand rushed to the place where the dead body of Jai Karan Singh was kept and drew inquest proceedings on the dead body preparing the inquest report (Ext Ka 5) and other necessary papers (Ext Ka 6 & Ka 7) and handed over the dead body in a sealed cover (Ext Ka 9) alongwith other necessary papers to Constables Raghuraj Singh and Raja Ram for being taken for its post mortem. He also inspected the torches of Subeydar and Shiv Nath illuminated at the time of occurrence, inspected them and returned the same and prepared the supurdagi memo (Ext. Ka 8). He also recorded statements of the witnesses. Then he went to the spot, inspected the place of occurrence and prepared its site plan map (Ext Ka 12). He also collected bloodstained and simple earth from the place of occurrence and prepared its memo (Ext Ka 9). He also picked up two empty cartridges, three tiklis etc. from the scene of occurrence and prepared their memo (Ext Ka 10).;