- (1.) MUKTESHWAR Prasad, J. This appeal under Section 378, Cr. P. C. has been filed by the State of U. P. against the judgment and order dated 3rd October, 1981 passed by the then Sessions Judge in S. T. No. 108 of 1980 whereby he acquitted all the three accused of all the charges framed against them.
(2.) IN brief, the facts of the prosecution case giving rise to this appeal were as under: P. W. 1 Hamid, son of Faqira, lodged a report at Police station Gobardhan Mathura on 13-1-1981 at 8. 45 p. m. and the local Police registered a case at Case Crime No. 13 under Section 302, I. P. C. The informant alleged in his report that on 13-1-1981 at about 6. 30 p. m. he accompanied by his father Faqira (deceased), his uncle Rafiq, servant Ashraf, son of Chhuttan, and one Kailash were proceeding towards Gobardhan alongwith several cattle through a canal road. Accused Manuwa, his son Habib and his brother Bhappa met the informant and others on the canal road and wanted to know their destination. The informant replied that they were going to Gobardhan and did business of cattle. The informant's sister Smt. Sammo was married to Habib who left her on account of bringing inadequate dowry. Ultimately, the informant settled her second marriage but Habib and others did not put any question as to why he had settled her second marriage. Accused Manuwa instigated his brother and son to kill the informant and others and he himself opened fire with a view to kill Faqira but he missed his aim. The informant and his companions took a turn and raised alarm. Habib also opened fire and shot Faqira at his neck. Faqira sustained firearm injuries on his neck, fell down and died on the spot. On hue and cry, all the three accused took about turn and ran away. The informant left the dead-body of his father in the supervision of his servant Ashraf and Kailash.
(3.) HE got a report prepared by one Mahesh Chandra and accompanied by his uncle and others reached Police Station and lodged the FIR. After registration of the case, S. O. Brijpal Singh left the Police station and reached the village in question on the same night at about 10-00 p. m. and searched the assailants. Since there was no light available, he did not prepare inquest report. Next day at about 7. 00 a. m. , Panchayatnama and other papers were prepared by the I. O. He sealed the dead-body and handed over to constable Ram Kheladi who took the dead-body to mortuary. The I. O. interrogated Hamid, Rafiq, Kailash and others and after inspection prepared site plan. He collected blood stained earth on 14-1-1981. All the accused were arrested by the Police and were interrogated. After completing investigation, the I. O. submitted charge- sheet against all the three accused named in the FIR.;