M. C. Jain, J. - (1.) -The accused-respondents Sripal and Mukhtiyare were tried before Sixth Additional Sessions Judge, Meerut in S. T. No. 531 of 1978 for the offence punishable under Section 396, I.P.C. and alternatively for the offence of murder punishable under Section 302 read with Section 34, I.P.C. Both of them were acquitted by the impugned judgment dated 4.6.1982 under challenge from the side of the State. According to the trial court, the evidence led by the prosecution was not credible to connect the two accused-respondents with the crime at hand.
(2.) THE incident took place in between the night of 20/21.3.1977 at about 2 O' clock in Village Jagas at a distance of seven miles from the concerned Police Station Chhaprauli, district Meerut. THE life of one Ramesh Chand was cut short in the incident by shooting. THE information of the occurrence was conveyed to Police Station Chhaprauli by Srichand P.W. 1 through telephone at 7.15 a.m. on 21.3.1977. His niece was married to the deceased Ramesh Chand. He had set out from his house at about 6.30 a.m. on morning walk. On reaching in front of the Government Hospital, he witnessed a number of persons collected there, who, on inquiry, disclosed that a murder and dacoity had been committed at the house of Murari Lal, Pradhan P.W. 7. He went to nearby house of a businessman and conveyed this brief information to the Police Station on telephone. It was recorded in the G. D. by Rajpal Singh C.W. 1 (examined as P.W. 8 also). S.O. Harpal Singh P.W. 10 was posted at Police Station Chhaprauli. On receiving the telephonic message, he accompanied by S.I. Samai Singh went to the place of the incident. In the way, Suresh Chand P.W. 2 (brother of the deceased) met him and handed over the regular F.I.R. Ext. Ka-1. It was a detailed F.I.R. in which the accused-respondents were named as the participants in the commission of this crime along with 14 or 15 other bandits. Narration of the incident given in the F.I.R. was that in the fateful night informant's elder brother Baleshwar and Ramesh Chand (deceased) as also Sribhagwan and Dhani Ram were lying in the verandah. A glowing lantern was hung as usual. THEy were listening the news broadcast regarding elections on the transistor. Mange Harijan of the village was also there who had left the scene at about 11.30 p.m. Ramesh Chand had slept down. THE accused-respondents Sripal and Mukhtiyare with 14 or 15 others wearing khakee dress arrived there at about 2 O' clock. As they were in khakee dress, on sight were taken to be police persons and informant's elder brother Baleshwar addressed them as Darogaji. THEy retorted that they were dacoits. Accused Mukhtiyare disturbed Ramesh Chand waking him up from sleep. As soon as he got up, one of the dacoits opened shot on him and he fell down on the ground. Suresh Chand and others ran out raising shouts and alarm. THE dacoits entered into the house and fired on Kanti wife of Baleshwar. THEy even injured a young boy Sumant aged about 9 years son of Baleshwar. Murari Lal P.W. 7 also became victim of the dacoits and was assaulted. He sustained a number of bruises on different parts of his body. It was also stated in the F.I.R. that Sripal and Mukhtiyare accused harboured enmity and grudge against Ramesh Chand and avenged themselves by committing his murder. It was not the end of the incident and the dacoits looted cash amounting to Rs. 12,000 and valuables, terrorizing the inmates of the house. On hue and cry, Lakhi Ram P.W. 3, Hargu Lal P.W. 4 and Jai Narain P.W. 5 were attracted to the scene with torches. Taking precaution to avoid getting hurt themselves, they could recognize Sripal and Mukhtiyare amongst the culprits. The dacoits (companions of the two accused Sripal and Mukhtiyare) went away with the booty and the accused persons also moved with satisfaction of having taken revenge by killing Ramesh Chand. The investigation followed as usual. Sripal was arrested on 26.3.1977 and Mukhtiyare was arrested on 11.7.1977.
(3.) IT may also be related here that post mortem over the dead body of Ramesh Chand was conducted by Dr. A. K. Dubey P.W. 6 on 21.3.1977 at 3.30 p.m. He was aged about 28 years and about 12 hours had passed since he died. Suffice it to say that fatal injury sustained by him was a gunshot wound of entry on right side chest besides three abrasions. The cause of death was shock and haemorrhage as a result of injury to vital parts-heart and lungs due to gun shot. Kanti was also medically examined by Dr. R. K. Sharma P.W. 11 on 21.3.1977 at 5.00 a.m. She, too, had received a number of gunshot injuries. The same Doctor had examined on 21.3.1977 at 5.30 a.m. the injuries of Sumant son of Baleshwar. He had received a lacerated wound, contusion and abrasion.;