- (1.) O. R. Jain, J. This revision is directed against the judgment dated 17th December, 1997 passed by District and Sessions Judge, Muzaffarnagar in Ses sions Trial No. 876 of 1997, State of U. P. v. Mahendra and another. By the said judg ment the learned Sessions Judge has ac quitted accused Mehandra and Yakoob of the charge under Section 302 read with Section 34, IPC.
(2.) THE main ground in this revision against acquittal is that the learned Ses sions Judge rushed through the trial and after recording the evidence of only four witnesses, out of a list of twenty-one wit nesses, the order of acquittal was passed. THE trial opened on 28th August, 1997 when the charge was framed against the accused and the order of acquittal was passed on 17th December, 1997, i. e. within less than four months. As will be shown presently, it is a classic case of "justice hurried is justice buried". The prosecution story may be stated briefly in the words of learned Ses sions Judge (Sri M. A. Khan) as under: "on 22-3-1997 at 8. 30 a. m. complainant Lala alias Sakat Singh s/o Risal, r/o vill. Nala, P. S. Kandhla, Distt. Muzaffarnagar lodged a written report (Ext. Ka i) at P. S. Kandhla alleg ing that his son's wife Smt. Rakesh was a woman of loose character. On 22-3-1997 she was sleep ing on the first floor with her son Subhash. There was the light of electricity. At about 3 O'clock in the night about four persons came at the first floor of his house and tried to molest with Smt. Rakesh wife of Rukam Singh. At the same moment Subhash awakened and he made cries. Smt. Rakesh also made protest. At this two of the miscreants gave Palkati blows on the body and neck of Smt. Rakesh and on the hand of Subhash. Hearing the hue and cry, the com plainant, Raj Pal s/o Kali Ram and Kali Ram s/o Prabhu and many others reached there and saw that Mehandra son of Ram Chand and Yakoob s/o Pheru Teli, armed with Palkati were commit ting Marpeet. Smt. Rakesh breathed her last at the spot. The accused ran away seeing them. Subhash was taken to Shamli for medical aid. It is also mentioned in Ext. Ka 1 that they can identify the two unknown miscreants if brought before them. On the basis of this written report (Ext Ka 1), Chik report (Ext. Ka 2) was prepared and the case was registered in Crime No. 102 of 1997, under Sections 302/324 of the Indian Penal Code and the investigation was entrusted to S. I. Sri R. P. Singh, and an entry in the G. D. was made. The Investigating Officer reached the scene of occurrence, recorded the statements of the witnesses, prepared the Panchyatnama (Ext Ka 3) Photo Lash (Ext. Ka 4) ; letter to Chief Medical Officer, Muzaffar nagar (Ext. Ka 5), letter to R. I. (Ext. Ka 6); and Challan Lash (Ext Ka 8) Ext. Ka 7 is the copy of FIR. The Investigating Officer also prepared the site-plan (Ext. Ka 12) of the place from where on the pointing out of accused Yakoob, Palkati, an arm used in the commission of the crime, was recovered and also prepared the sire plan (Ext Ka 13) of the place where this incident took place. The Investigating Officer also took in possession the bloodstained and plain earth from the place of occurrence and prepared its Ford, (Ext Ka 11) in presence of witnesses Lokesh and Bhanwar Singh. " The dead-body of Smt. Rakesh was sent to District Hospital, Muzaffarnagar for post-mortem examination, where Dr. Vishnu Dutt, Medical Officer, District Hospital, Muzaffarnagar conducted the post-mortem examination on the dead-body of Smt. Rakesh on 22-3-1997at 3p. m. The age of the deceased was about 32 years and about half a day had passed at the time of post-mortem since the death. Rigor Mortis was found all over the body and there was no decomposition. Eighteen in cised wounds were found by the doctor as an te-mortem injuries. Thus it was a ghastly murder. In the opinion of the doctor the cause of death was shock and haemorrhage as a result of ante-mortem injuries. The post mortem examination report is Ext. Ka 9 on record.
(3.) ON 30-3-1997 on the information of a Mukhbir accused Yakoob was arrested by the police from his house and was inter rogated. He narranted a detailed story land confessed his guilt. He stated that he and accused' Mahendar had illicit relations with Smt. Rakesh and on the point of supply of milk there was exchange of hot words between Smt. Rakesh and them. To take revenge of that insult the accused with two other companions committed this heinous crime and when Subhash ob jected, he was also given Palkati blow on his hand by accused Mahendra. When their companions tried to molest with Smt. Rakesh, she became annoyed and hurled abuses and so accused Mahendra gave many Palkati blows on her body and neck, that after committing this brutal murder accused Mahendra handed over the Palkati to this accused for hinding it and he stated that he can get recovered that Palkati and then the Investigating Of ficer on the pointing out of accused Yakoob recovered the Palkati the arm used in the commission of this crime, and prepared its Fard (Ext. Ka-10) in presence of witnesses Sewa Ram and Ram Pal. The investigation of this case was transferred two three times. Accused Mahendra could not be arrested nor he surrendered in Court and so steps for proceedings under Section 82, Cr. PC. were taken. Then on 23-5-1997 he sur rendered in Court and was taken into judi cial custody and was sent to Jail. ";