- (1.) B. L. Loomba, J. This is a State appeal against the judgment and order dated 16-2-1978 of the then IIIrd Additional Sessions Judge, J Barabanki where by benefit of doubt was extended in favour of the respondents and they were acquitted of the charges against them. One of the respondents, namely, respondent No. 19 Shiv Bux has since died.
(2.) THE respondents faced trial for the offences punishable under Section 302, 326, 325, 323, 452, read with Section 149 of the Indian Penal code. Prosecution case against the respondents briefly stated was that the accused Chandrapal, Kanhaiya Lal. Ram Chandra and others had a long stand ing enmity with deceased Chandrika Prasad Misra resident of village Chhoti Chandrawal, Police Station Jaipur, district Barabanki and that on 15-6-1972 sometime between 7 and 8 in the morning the accused-respondents suddenly arrived at the house of the deceased well armed with country made pistol spears kantas and lathis and in a planned manner raided the house of the deceas ed. At that time the deceased had just returned after attending the call of the nature and was washing his hands near the main door of his house The accused-respondents challenged the deceased and started assaulting him and caused serious injuries being five lacerated wounds on the head, punctured wound upon the left arm causing fracture of left humorous bone and another punctured wound on the left leg besides several abrasions on the chest, back knee, elbow and hand. Krishna Kumar, Nirmal Kumar and Ashok Kumar sons of the deceased tried to save their father but they too were subjected to attack by the accused persons and several injuries were caused to them. In so far as Krishna Kumar is concerned acid was poured in his eyes as a result whereof he became blind. The accused persons after causing injuries to the deceased and his three sons entered into the house and caused injuries to Smt. Dashrath Dei, wife of the decease. They then indulged in looting and damaging house-hold goods. The alarm raised by the occurrence attracted several persons of the village and they reached at the spot but "could not have courage to intervenes and save the victims. The accused persons thinking that Chandrika Prasad had died made good their escape. The deceased, according to the prosecution case, was still surviving and the complainant' namely Virendra Kumar another son of the deceased along with other family members arranged to take the deceased for treatment to Barabanki but when they arrived at Safdargang crossing effort was made to engage a Kharkhare (a cart driven by a horse) but the same could not became available and injured Chandrika Prasad Misra breathed his last at the Safdarganj crossing. Complainant Virendra Kumar left the body of the deceased and other injured family members there and went to the Police Station Jaidpur and lodged first information report at 12. 05 hours.
(3.) VIRENDRA Pratap Singh, PW 10 Station Officer of the police station was present at the time when the first information report was lodged and the case was registered and along with the police force he is said to have imme diately left for Safdarganj crossing. The inquest proceedings were duly taken and the dead body was despatched to the District Hospital for post-mortem examination. After interrogation of the complainant and injured persons the Investigating Officer sent the injured Krishna Kumar, Nirmal Kumar and Ashok Kumar to the District Hospital Barabanki for medical examination and treatment of their injuries. Smt. Dashrath Dei who was advised by the members of the family to go to her house was sent for medical examination on the next day. During the course of investigation the Investating Officer recovered certain articles from the two wells and a talab near the village Abadi which was allegedly looted away by the culprits and thrown in the wells and talab. The articles recovered from the two wells being buckets, Gagras and Lota etc. From the talab some books and certain quantity of wheat, a piece of lathi and other Misc. small items were recovered. These articles were identified by the complainant to have been looted from their house. According to the statement of Virendra Kumar vide para 60 thereof, one box was found in a shrub and one transistor and one old coat were found in the box while all the remaining articles kept therein were found to be missing.;