- (1.) State of U.P. has preferred both these appeals against the judgment and order dated 07.07.1981 passed by Sri Balraj Uberoi, the then 4th Additional Sessions Judge, Basti in ST. No. 80 of 1980 and S.T. No. 193 of 1980, whereby the respondents-accused have been acquitted of the charges under Sections 147, 148 & 307 read with Section 149 I.P.C.
(2.) The accused Ram Milan, Hari Ram, Jankoo @ Janak, Raja Ram, Bamboo Din, Ram Din and Jhinkan @ Dukhran were put on trial on the charge of making attempt to commit the murder of Lovkush Chaudhnry by causing injuries to him by means of fire arms and lathies after forming unlawful assembling on 02.09.1979. During the pendency of those appeals, the respondents-accused Ram Milan, Bamboo Din and Ram Din have died and the appeal against them has abated.
(3.) The case of the prosecution as appearing from the First Information Report (Ext. Ka 3) lodged by the complainant Gangaram S/o Paras Nath Chaudhary, r/o village Majhari, P.S. Sonha, District Basti and statement of injured Lovkush Chaudhary (P.W. 4), in brief, is that there was some dispute between Somai and Jagdish Lal over a street and to hold the Panchayat for settlement of that dispute, Lovkush Chauthary and Ramesar had gone to the hamlet (Deeh) of village Majhari on 02.09.1979. After holding the Panchayat, Lovkush Chaudhary was coming back to his house on the pathway passing through the Arhar and sugar can field of Ram Ajor and when at about 8.00 a.m. he reached near the sugar cane field, the accused Bamboo Din @ Bhikha, Jhinkan @ Dukhrun, Ram Deen, Ram Milan, Jankoo @ Janak, Raja Ram and Hari Ram came out from the sugar cane field. The accused Bamboo Din, Ram Milan and Ram Deen were armed with country made tamanchas and other accused were having lathies. On the exhortation of Bamboo Din, the accused having tamanchas fired on Lovkush Chaudhary, who was armed with lathi. He began to wield his lathi in order to discourage the accused from attacking him and began to move behind from that place. When he reached near talari (small pond), the accused fired on him due to which ho sustained injuries and loll down towards eastern side of the pond. Thereafter, the accused Jhinkan, Hari Ram, Janakoo @ Janak and Raja Ram began to beat him by lathies. Ramesar, who had gone with Lovkush to the deeh and stayed there for drinking water, rushed towards the place of occurrence on hearing noise of Lovkush and saw the incident. The complainant Gangaram and witnesses Dharam Dev, Siya Ram, Jagmohan, Lallu @ Lal Bihari and many other people also rushed towards the place of incident on hearing the noise of Lovkush and they also witnessed the incident. Seeing the witnesses moving ahead, the accused persons making fire fled away towards the west. Lovkush Chaudhary, who sustained serious injuries and had become unconscious, was carried to Sadar Hospital Basti, where he was admitted.;