- (1.) UMESH Chandra, J. This appeal on behalf of State of Uttar Pradesh is directed against an order of acquittal, dated 20-5- 1977, passed by I Additional Sessions Judge, Mathura, in, Criminal Sessions Trial No. 286 of 1975, holding that on consideration of the entire evidence, circumstances, improbabilities and infirmities it is established that the incident did not take place in the manner as alleged by the prosecution and finding that opposite-parties Ismail son of Haji Manga, Ahmed son of Mamman, Yusuf son of Husain Baksh, Jamil son of Ahmad, Muddi aliat Hakirauddin son of Haji Manga and Kallu son of Ratan Lal have not committed the offence punishable under Section 302/307, I. P. C. read with Section 149, I. P. C. The learnsd Additional Sessions Judge further found that the offence under Section 147, I. P. 0. and Section '48, I. P. C was established against Kallu, Ismail, Ahmed, Yusuf, Jamil and Muddi alia; Hakimuddu. Aggrieved the present appeal has been filed by the State of Uttar Pradesh.
(2.) ON 26-3-1975 a Truck Operators Union was formed in Kosi. Truck owners and commission agents were its members. This union was formed be cause the truck owners and commission agents suspected that some businessmen of Kosi were indulging in smugging goods Now the businessmen of Kosi who were indulfiing in smuggling began to feel difficulty. Therefore, they threatened the members of this union Consequently the members approached the Truck Operators Union, Mathura, for help. At this, the Union Mathura opened its Branch Office of Kosi on 10-5-1975. According to prosecution this enraged those businessmen and on 10-5-1975 they came to the office of the union and at the shop of complainant Hansh Chandra P. W. 2. and threatened them. On 10-5-1975 at about 8 or 8. 33 p. m. Harish Chandra P. W. 3 came to know that these businessmen were taking No. 2 goods from Koii to Delhi in two different trucks Harish Chandra collected other members of the union and with a view to inform the sales tax check post on U. P.-Haryana border, they proceeded from the Union's office at about 10,45 p. m in two trucks. Com plainant Harish Chandra, Shobhraj (deceased) and Ghanshyam were in truck No. DLL 7840 driven by Narottam drive, Togendra Singh P. W. 4, Jagdish Prasad P. W. 5, N-nak Chand (deceased), Rahman, Yunus and Peetam Singh were in another truck No. UPU 5887 driven by Bhagwan Das, Truck No. DLL 7840 was &oing ahead and it was being followed by truck No. UPU 5887. They were on Kosi-Delhi Road, The sales tax check post was about five miles away from Kosi towards Delhi. On the way Truck No HRG 5027 was over taken. This truck was loaded with hundred bags of Arhar Daal of firm Nathi-mal Gaya Prasad of Kosi. The prosecution alleges that when truck No. DLL 7840 was overtaking the loaded truck the complainant flashed his torch and saw that the accused were sitting on the tool box of truck No. HRG 5027 and were armed with revolvers and guns. Just when the complainant overtook the loaded truck, he heard two gun shot fires. At a distance of about 50 yards another truck No. MPO 2857 had blocked the road by stationing it obliquely on the road. The result was that botl the trucks of the com plainant's side stopped an 1 the loaded truck dashed against the complainant's truck Immediately thereafter there was firing towards the trucks of the com plainant's side from truck No. HRG 5027. Shobhraj and Nanak Chand did on the spot while Jogendra Singh P. W. 2, Rahman and Yunus received guns shot injuries. Nanak Chand died in the truck because of the injuries received by him. Someone shouted from truck No. HRG 5027 which was damaged asking Kallu to back his truck as the truck had gone out of order. The complainant and other members who had concealed themselve in the Daal flashed their torches and say the five accused sitting on the tool box of loaded truck No. HRG 5027. The head lights of all the trucks were on and according to the prosecution the assailants were recognised in the torch light and also in the light shed by the trucks. As truck No. MPO 2857 driven by Kallu reversed and took the assailant away, the two trucks of the complainant got way and they went to Hodal Police outpost. The complainant left both these trucks at Hodal arid in another truck came to Kosi along with Jagdish Prasad P. W. 5. Both Harish Chandra and Jagdish Prasad came to the office of the union at Kosi where Harish Chandra dictated a report Ext. Ka-13, Virendra wrote out the complaint and with this written complaint Harish Chandra came to Police Station Kosi where it was lodged on 11-5-1975 at 1. 05 a. m. On the basis of this written report a case was registered in the general diary, Ext. Ka-15 being its true copy.
(3.) AN information about the dead bodies of Shobhraj and Nanak Chand and also about the two injured Jogendra Singh and Rahman was received at about 11. 40 p. m. on l. ,-5-1975 at Hodal Police outpost (police station Hansanpur, District Gurgaon. Haryana State) from Civil Dispensary Hodal. Both the injured were referred to Safdargang Hospital, New Delhi, after first aid. On this information Badri Prasad P. W. 8, Assistant Sub-Inspector Police outpost Hodal along with two constables went to ths civil dispensary. He prepared inquest reports of the dead bodies of Nanak Chand and Shobbraj Exts. Ka- 19 and 20. Sri V. S. Tomar, P. W. 15 investigated the case after interrogation the Head Maharrir at the police station. He started for the place of occurrence and from there he went to Hodal and reached there when the inquest reports were being prepared. He interrogated the complainant, inspected the place of occurrence, took blood stained earth Ext. 1 and ordinary earth Ext. 2 from the place of occurrence. Truck No. HRG 15027 which had hundred bags of Arhar Daal was present at the spot, two constables were left for its safety with a direction that the truck be brought to the police station.;