- (1.) R. C. Deepak, J. This Government Appeal has been filed on behalf of the State of U. P. against the judgment and order dated 31-5-1978 passed by Sri Harish Chandra, Sessions Judge, Etah in Sessions Trial No. 106 of 1977 under Sections 302/34 IPC pertaining to Police Station Jalesar, District Etah whereby the accused Bhanwar Singh and Daulata have been acquitted.
(2.) HEARD Sri M. C. Joshi, learned Additional Government Advocate for the State-appellant, Sri Tufail Hasan and Sri Anurag Pathak, learned Counsel for the accused-respondent Daulata and perused the record. The acquitted co-accused Bhanwar Singh had already died and his Appeal stands abated vide order dated 2-9-1994. The brief facts of the prosecution case are that in the intervening night of 31st October and 1st November, 1976 Virendra Kumar and Babu Ram both (deceased) were sleeping in their- Khalihaan to look after urad crop stored therein. The accused Bhanwar Singh armed with gun, accused Daulata armed with country made pistol and their two companions armed with lathi and katti respectively reached there and fired at Virendra Kumar and Babu Ram, who sustained injuries and both died on the spot. Thereafter, their dead bodies were put to fire. Sukh Nandan, Har Prasad, Netrapal and Rajendra Singh are said to have witnessed the occurrence. In regard to the occurrence, Suresh Chandra, the maternal uncle of the deceased Virendra Kumar lodged the First Information Report and a case as case crime No. 391 of 1976 under Section 302 IPC was registered at Police Station Jalesar, District Etah at 4:00 a. m. on 1st November, 1976 against them. The investigation into the case was made by Ram Prakash Gupta, the then Station Officer of the said Police Station and after the completion of the investigation, he submitted the charge-sheet on 3-11-1976. The case was committed to the Court of Session. The charges were framed on 25-4-1978 under Sections 302/34 IPC. 31-5-1978 and 1-6-1978 were fixed for the prosecution evidence. The witnesses did not appear on these dates. The learned trial Court on the first date i. e. 31- 5-1978 acquitted them. Hence the present appeal, already referred-to-above.
(3.) THIS Government appeal is an outcome of a shocking conduct of a Sessions Judge in a sessions trial. THIS trial was for a cognizable offence under Section 302 IPC of heinous nature wherein two persons have been brutally murdered. The clumsy conduct exposes the phenomenon and provides an occasion for raising of the eyebrows. Such treatment to a trial of any cognizable offence involving heinousness if allowed to go unnoticed for passage of sufficient length of time since closure of trial, the system of justice is bound to suffer irreparable loss. In the above scenario, we proceed to make an incision of the facts and circumstances available on the record of the case.;