Vijay Kumar Verma, J. - (1.) State of U.P. has preferred this Appeal against the judgement and order dated 16.9.2002 passed in Session Trial No. 471 of 1996, State v. Rajpal Singh and others by Shri Arun Kumar Singh, the then Additional Sessions Judge, Court No. 2, Etah, who acquitted the accused-respondents of the charge under section 302 read with section 34 I.P.C.
(2.) The accused-respondents along with co-accused Mahipal Singh were put on trial for committing the murder of Rampal Singh. The accused Mahipal Singh died during trial and hence the case was abated against him.
(3.) First Information Report regarding murder of Rampal Singh was lodged by his elder brother Sone Lal S/o Puran Singh R/o Village Nibaua, P.S. Sidhpura, District Etah. The case of the prosecution in brief is that Rampal Singh was going to Etah Courts via Dhumri by bus. When after crossing the Village Sarawal, the bus reached near the Pulia of bamba (rajwaha), Mahipal, Rajpal, Birpal sons of Chatrapal Singh and' Amar Pal son of Rajpal got the bus halted. At that time, Mahipal and Rajpal were armed with rifles, Birpal was having gun of his father and Amarpal was having revolver of his elder uncle (Tau) Mahipal Singh. They dragged Rampal Singh from the bus and saying 'aaj Sara mamla samapt kar do' began to fire on him from their respective weapons. After sustaining injuries, Rampal Singh fell down there. This incident was witnessed by Ram Babu, son of the deceased and Raghunath Singh son of Badshah Singh resident of Village Lakhnipur, P.S. Kotwali Dehat, Etah and Vijaypal Singh son of Malkhan Singh resident of Village Morcha, P.S. Jaithra, District Etah. After the occurrence, Raghunath Singh came to Village Nibaua and informed the complainant regarding the incident, on which the complainant and other persons reached the place of occurrence. When Rampal Singh in injured condition was being carried in Bus No. UPT 4652 to Police Station Sidhpura, he succumbed to injuries in the way. After keeping the dead body on road near Police Station, the complainant Sone Lal handed over the written report (Ext. Ka-1) at P.S. Sidhpura, where chik FIR (Ext. Ka 8) was prepared by the then Head Moharrir Jagdish Singh, who registered a case under section 302 IPC at crime No. 85/92 against Mahipal, Rajpal, Birpal and Amarpal on 18.6.1992 at 7.45 a.m., entry of which was made in G.D. No. 16 vide Ext. Ka-9.;