BALA KRISHNA NARAYANA,J. - (1.) The arguments of this case concluded on 04.05.2017. We then made the following order:- "Heard Sri Ajay Tiwari, learned Advocate holding brief of Sri Sangam Lal Kesarwani, learned counsel for the appellants, Sri Sagir Ahmad, Sri J.K. Upadhyay, Kumari Meena, learned A.G.As. assisted by Smt. Manju Thakur, brief holder for the State. We will give reasons later. But we pronounce the operative portion here and now. "This criminal appeal is allowed. The impugned judgement and order dated 24.3.1989 passed by VII Additional District and Sessions Judge, Kanpur Dehat in S.T. no. 170 of 1985 (State v. Ganga Ram and others) , convicting and sentencing the appellants under Section 302 I.P.C., P.S. Ghatampur, district-Kanpur Dehat to undergo life imprisonment is hereby set aside. The appellants are acquitted of all the charges framed against them. Appellants are on bail, they need surrender. Their bail bonds are cancelled and their sureties discharged subject to their complying with section 430 Cr.P.C., 1973 There shall be however no order as to costs"."
(2.) Here are the reasons:- This criminal appeal has been preferred by appellants Ganga Ram, Munni Lal, Ram Swarup and Prabhu Ram against the judgment and order dated 24.03.1989 passed by VIIth Additional Sessions Judge, Kanpur Dehat in S.T. No. 170 of 1985 by which the appellants have been convicted and sentenced to imprisonment for life under Section 302 IPC.
(3.) Briefly stated the facts of this case are that on 07.05.1985 Atibal Singh son of Girja Nandan Singh, resident of Tilsada, P.S. Ghatampur, District Kanpur Dehat gave a written report Ext.Ka-27 at P.S. Ghatampur alleging therein that he was a resident of village Tilsada. In the last winter someone had demolished the 'medh' of his agricultural field which had resulted in the same getting inundated with water and when he tried to divert the water which had inundated his field into the adjoining channel, his co-villagers Ganga Kanchi etc. objected as a result there was a dispute and they had threatened the informant with dire consequences and ever since then they had stopped talking to the informant and harbouring animosity towards him. On 06.05.1985 Gurubux Singh and Harbux Singh sons of the informant went to the house of the Ganga Kanchi to hire his tractor for cultivating his field but Ganga Kanchi and told him that he would be paid his remuneration but he refused to come with them on which they told him that they would take him along with his tractor forcibly on which Gang Kanchi agreed to accompany his sons but threatened to settle his score with them later. Thereafter Ganga Ram son of Surajbali and Munnilal son of Shivram came with their tractor to the informant's field and started cultivating the same in the presence of his sons Gurubux Singh and Harbux Singh. Ganga Ram sent Gurubux Singh to the village for procuring some part of the tractor which had developed some defect in the presence of Sefal Dhobi. At about 10.00 p.m. Surajpal son of Jagdev Singh, Chandra Pal son of Chhakki Singh and Rajpal son of Nanhe Singh came to the informant's field from their thresher for drinking water and exactly at that time Ram Swarup son of Nanku armed with farsa and Prabhu son of Mahipal armed with tabbal also reached there from the side of Dhokalpur and exhorted Ganga to finish the work and all four of them, namely, Ganga, Ram Swarup, Prabhu and Munni advanced towards Harbux and started beating him on which the informant and his companions challenged them but Harbux fell on the ground. Ganga Ram and Munnilal had barchi and lathi in their hands. After assaulting Harbux they shouted that Gurubux must be returning from the village and he should also be finished of and thereafter they started walking towards the village followed by the informant and the witnesses and as soon as they reached near the peepal tree in the field of Surjan Kori the accused-appellants met Gurbux and after committing his murder they ran away towards the village. Due to darkness and fear the informant did inform the police promptly. In the morning, leaving the dead bodies in the custody of the villagers he went to the police station to lodge the FIR of the incident which was scribed by Dinesh Chandra Dwivedi. On the basis of the written complaint of the occurrence given by him at police station Ghatampur on 07.05.1985 at about 09.30. a.m., case crime no. 152 of 1985 under Section 302 IPC was registered against the appellants Ext.Ka-27, check FIR Ext.Ka-25 and relevant G.D. entry Ext.Ka-26 were prepared by PW-8 Head Constable Khemraj Singh. The investigation of the case was entrusted to PW-6 S.I.-Madhav Singh who visited the place of occurrence and after holding the inquest on the dead bodies of Gurubux and Harbus prepared their inquest reports Ext.Ka-3 and Ext.Ka-9 and other related papers Ext.Ka-4 to Ext.Ka-8 and Ext.Ka-10 to Ext.Ka-14. He also inspected the places of occurrence and prepared the site plans of the same Ext.Ka-15 and Ext.Ka-16. He also seized plain and blood stained earth, a packet of beedi and a scarf lying near the dead body of Gurubux Singh and the tractor trolley from the place of incident and prepared the recovery memos of the aforesaid articles Ext.Ka- 15, Ext.Ka-16, Ext.Ka-17, Ext.ka-18, Ext.Ka-21 and Ext.Ka-22.;