- (1.) THE present State Appeal has been filed against the judg ment and order dated 10-4-1980 passed by the IV Additional Sessions Judge, Hardoi acquitting the respondents from the char ges, under. Sections 147/148/323/201/ 302/149, IPC in Sessions Trial No. 293/1979.
(2.) THE respondents were prosecuted by the Police of Police Station Sursa, dis trict Hardoi under Sections 147/148/323/201/302/149, IPC in connection with an incident which had taken place on 22-4-1979 at about 10 a. m. within the local limits of village Jaluwa Kheda, Police Sta tion Sursa, district Hardoi, in which it is alleged that they committed the murder of Munna as well as Jai Chand. The brief facts of the prosecution case are that there was some enmity be tween the deceased and the respondents about the non-returning of some utensils which had been taken by the respondents but did not return the same to the deceased persons. It is said that Smt. Mayawati com plainant was the daughter of Jai Chand deceased and the grand-daughter of Munna 'deceased and both these persons lived in village Bareypur. Similarly respon dents Ram Singh, Mewa Ram, Ram Roop and Khushi Ram are real brothers and they also reside in the same village Bareypur. The remaining two respondents Thalpur Prasad and Shri Ram are real brothers, and were the brother-in-law of one Raja Ram who was killed earlier. Raja Ram was the real brother of respondents Ram Singh, Mewa Ram, Roop and Khushi Ram and, thus, it is said that the respondents enter tained a suspicion that he was killed with the connivance and conspiracy of the deceased persons. It is said that the deceased had some cultivation in the vil lage and one Subhash who was son of the Bua of the complainant, had come to the house of the complainant to help them in cultivation of their filed. It is further said that Subhash had come to the house of the complainant sometime before the occur rence in order to help the complainant and her father and grand-father in cutting the crop. On the date of occurrence i. e. , 22-4-1979 at about 8 a. m. Jai Chand as well as Munna deceased had gone to Jaluwa Kheda to see of f Subhash who was going to his village, lying in district Farrukhabad. It is further stated that after the departure of Jai Chand and Munna, one Ganga Ram and Bodil came to the house of the com plainant Smt. Mayawati and enquired about her father. She informed that they would return after sometime and, there fore, both these persons stayed there and waited at the house of the complainant for their return. It is further said that after one and a half hour the grand-mother of the complainant asked the complainant to accompany Ganga Ram and Bodil in order to see as to why Jai Chand and Munna did not return to the house. It is said that the grand-mother of the complainant also asked Ganga Ram and Bodil who were sitting at her house to accompany her to Jaluwa Kheda. It is said that all these per sons then started to village Jaluwa Kheda to find out the whereabouts of Jai Chand and Munna. It is further alleged that as soon as they could hardly cover a distance of 25 steps ahead of grove of Jagdish, they heard some commotion and then they proceeded further and saw that accused Ram Singh, Mewa Ram, Ram Roop, Khushi Ram, Thakur Prasad and Shri Ram were chasing her grand-father on the Pag-dandi and also they were giving blows to him from their respective weapons. It is said that at that time Ram Singh was armed with Kanta, Ram Roop was armed with a Bhala and Mewa Ram and Khushi Ram were armed with Banka while Thakur Prasad and Shri Ram had Lathis. It is fur ther alleged that Ram Singh then gave a Kanta blow to Munna but Munna started running away but ultimately he fell down in the field of Gulzari and accused Ram Singh then sat on his chest and exhorted accused Khushi Ram to chop off the head of Munna deceased as the deceased was responsible for the murder of his brother Raja Ram. It is said that accused Khushi Ram chopped off the head of Munna. It is also alleged that Jai Chand was standing at some distance and he remained standing there while his father Munna was chased and killed by the respondents. It is further stated that after committing the murder of Munna, the other respondents Mewa Ram, Ram Roop, Thakur Prasad and Shri Ram who were standing at a distance of about 20-30 passes from Jai Ghana, rushed towards Jai Chand and Ram Roop gave Bhala blow to Jai Chand and when he tried to run away the respondents assaulted Jai Chand by Banka and Kanta. Accused Khushi Ram remained standing where the deadbody of Munna was lying and after assaulting and killing Jai Chand accused Ram Singh took off the Shirt, Tahmat Banyan which the deceased Jai Chand was wearing. It is also alleged that in the mean time hearing the cries several persons reached there and then the accused per sons ran away from the spot. It is also alleged that Ram Singh took the chopped off head of Munna also. The complainant thereafter rushed to Police Station Sursa where she lodged a report Ext. Ka-1 at 2. 30 p. m. The distance of Police Station is six miles from the place of the incident. The investigation was entrusted to PW 7, S. I. Jora Singh. As the First Infor mation Report was lodged in his presence therefore, he recorded the statement of Mayawati and Smt. Dalkora at the Police Station itself and thereafter he proceeded to the scene of occurrence and reached there and prepared Panchayatnama on the dead-body of Jai Chand Ext. Ka-5 and other relevant papers Exts. Ka-6 and 7. He also prepared the inquest report of Munna Ext. Ka-8 and other relevant papers Ext. Ka-9 and Ka-10 and sent the dead-bodies of the deceased to the mortuary for post mortem examination. He also collected the blood-stained and plain earth from the place of incident and prepared Fard in respect thereof. He also recovered blood stained Shirt, Tahmat and Banyan near the place of the incident where the dead- body of Jai Chand was lying. These articles were said to belong to deceased Jai Chand. He also recorded the statements of the wit nesses and prepared site-plan Ext. Ka-19. After completing the investigation, the In vestigating Officer submitted charge-sheet against the accused persons.
(3.) THE prosecution, in support of its case, examined nine witnesses in all. Out of them PW 1 Smt. Mayawati and PW 4 Ganga Ram are the witnesses of fact. P W 2 Subhash Chandra was examined to prove that he was in the village in order to cut the crop and on the date of incident he was returning to his village and Jai Chand as well as Munna deceased had accompanied him to village Jaluwa Kheda. PW 3 Mani Lai Shukla stated that he brought the dead bodies to the mortuary for post-mortem examination. P W 5 Sita Ram Shukla, Head Moharrir proved the First Information report, chik report and other relevant en tries of the General Diary. PW6dr. J. K. Verma examined the injuries of PW 1 Smt. Mayawati and proved the injury report, Ext. Ka-4. P W 7 Jora Singh, S. O. Incharge, Police Station Sursa conducted investiga tion in the case and submitted charge-sheet against the accused persons. PW 8 Dr. A. K. Mehrotra conducted the post mortem examination on the dead bodies of the deceased and proved the post-mortem reports Ex. Ka-22 and Ka-23. PW 9 Raghuraj Singh, Clerk Constable, Police Lines, Hardoi proved the General Diary entries of the Police Lines. On the other hand the accused-persons denied the prosecution case and stated that they have been falsely impli cated in this case due to enmity.;