M.Chaudhary, J. - (1.) This is an appeal filed on behalf of the State from judgment and order dated 15th of September, 1981 passed by VIII Additional Sessions Judge, Etawah in Sessions Trial No. 142 of 1981 State v. Ujiyarey Lal and Ors. acquitting them of the charge levelled against them under Section 307 IPC.
(2.) During pendency of the appeal accused Ujiyarey Lal was reported having died and hence the appeal with regard to him stood abated vide order dated 7.1.2004.
(3.) Brief facts giving rise to this appeal are that at 6:15 p.m. on 26th of January, 1981 Tej Singh, brother of the injured Barmadin lodged an FIR at police station Phaphund, District Etawah alleging that. he and his brother Barmadin were on inimical terms with Ujiyarey Lal since long. At about 5:00 p.m. on 6th of January, 1981 Barmadin was returning back to his house at Kesampur after taking permit of sugar from the side of Devarpur and as he reached at the water channel in between the two places, Ujiyarey Lal taking spud alongwith his sons Surendra Singh and Kripal Singh armed with knives and Chotey Lal with sickle met him and Ujiyarey Lal shouted that Barmadin should be killed and they would not let him go alive. Immediately all the four smote Barmadin giving " him blows with their respective weapons and on hearing the shrieks of Barmadin one Chandra Kumar who was going to Devarpur for giving cloth for stitching raised hue and cry attracting thereby Tej Singh and Vishambhar Singh to the scene of occurrence. Believing that Barmadin was done to death all the four miscreants bolted away. The police registered a crime on the basis of written report handed over to them at the police station and made entry regarding registration of the crime in the GD accordingly.;