- (1.) This judgment purposes to dispose of criminal appeal No. 333 of 1983 and criminal revision No. 324 of 1982 filed against judgment dated 21.4.1982 passed in Sessions Trial No. 493 of 1981 arising out of crime No. 124 of 1978: State Vs. Jaan Mohammad and others under Sections 147, 148, 307/149 & 395 I.P.C., Police Station Asoha, District Unnao, whereby accused Jaan Mohammad, Manar Shukla, Wali Mohammad, Gani, Kallu, Mukhdar, Gulama, Jhanda Shanker, Asgher Ali, Mikat, Turi alias Changa, Maddan, Mansoor Ali and Lallu Pal (now dead) have been acquitted of charges. As criminal appeal has been filed against judgment of acquittal by the State and criminal revision has also been filed by the complainant Ambivir Pratap Singh also against same judgment of acquittal of accused persons. Both criminal appeal and revision are being disposed of by one and a common judgment.
(2.) The brief facts as unfolded from prosecution story are that complainant Ambivir Pratap Singh and accused persons were resident of Village Jorawar Ganj, Police Station Asoha, District Unnao. The Complainant Ambivir Pratap Singh has planted certain trees on the land of Gram Sabha situated in front of temple of Mahabir Ji, which was objected by Fakirs of Takiya and started to bear enmity out of it. It has further been alleged that on 11.8.1978 at about 5.00 p.m. when the complainant Ambivir Pratap Singh and co-villager Gaya Prasad Pathak were sitting at his door and double barrel twelve bore gun was lying beside him, accused Wali Mohammad, Kallu, Maddan, Jaan Mohammad, Gulama and Gani armed with "lathi" and accused Mansoor Ali, Asgher Ali, Mukhdar, Mikat, Turra faquir Jhanda Shanker and Kallu Gararia armed with "kanta" came to his house and questioned the plantation in Gram Sabha land. On saying that he planted trees, as land of Gram Sabha belongs to everyone, accused Wali Mohammad, Gulama, Kallu started beating him with "lathis" and accused Jhanda Shanker with "kanta". On his hue and cry, witness Buddhi Lal and Gaya Prasad , who where were sitting at his door challenged accused persons. Getting opportunity the complainant rushed into his house. Meanwhile accused Jhanda Shanker and Madan picked up double barrel gun of the complainant and that of his brother and went away from the scene, abusing the complainant. As the accused persons had surrounded his house and were resorting to fire the complainant could not go to police station Asoha to lodge F.I.R. Next day on 12.8.1978, the complainant lodged F.I.R. at about 5.00 a.m. in police station Purwa, on the basis of which F.I.R. (Exhibit Ka-7) was prepared and consequent entries were made in the General Diary of Police Station Purwa (Exhibit Ka-8). Thereupon the complainant Ambivir Pratap Singh was medically examined by Dr. S.N. Chaudhary, Medical Officer, PHC Purwa on 12.8.1978 at about 9.00 a.m. (Exhibit Ka-1). Investigation was entrusted to Sub Inspector A.P.Yadav who visited scene of occurrence on 15.10.1978 and prepared site plan (Exhibit Ka-4). The investigating officer interrogated the complainant Ambivir Pratap Singh and witness Bhuddhi Lal on the same day. Witness Gaya Prasad was interrogated on 19.11.1978. The investigation culminated in filing of charge-sheet (Exhibit Ka-5 & Exhibit Ka-6) against the accused.
(3.) On the basis of charge-sheet accused persons were summoned by the concerned Magistrate and the case was committed to the Court of Sessions. Having found prima facie case, Additional Sessions Judge framed charge under Section 147 I.P.C. against accused Jan Mohammad, Manar Shukla, Wali Mohammad, Gani, Kallu, Mukhdar and Gulama and under Section 307 read with Secton 149 and 395 I.P.C. against accused Jaan Mohammad, Manar Shukla, Wali Mohammad, Gani, Kallu, Mukhdar, Gulama, Jhanda Shanker, Asgher Ali, Mikat, Turi alias Changa, Maddan, Mansoor Ali and Lallu Pal (now dead). Additional Sessions Judge also framed charge under Section 148 I.P.C. against accused Jhanda Shanker, Asgher Ali, Mikat, Turi alias Changa, Maddan, Mansoor Ali and Lallu Pal (now dead) to which accused persons pleaded not guilty and claimed to be tried.;