G.R.MOOLCHANDANI,J. - (1.) This appeal is directed against the acquittal order passed by District and Sessions Judge, Pratapgarh in Session Case No.11/91 dated 18/5/1993, by which the learned Trial Court has acquitted all the three respondent-accused extending benefit of doubt and appellant-State has preferred this appeal submitting to set aside the impugned order and to convict and sentence the respondent accused persons.
(2.) Story of the prosecution according to the FIR lodged by complainant Ram Singh describes that land of Bharat Singh, which was pledged to Ramswaroop after its redemption it was pledged to Devi Singh, and because of this reason Patwari Ramswaroop was unpleasant with them. Three days earlier, Ramswaroop Patwari, employed at Kapasan came to them and asked, why you have kept your crop in the land. We replied, you have got no land over here, resultantly he threatened and uttered to see us within three days and said our position will be worsened, there is none to open mouth before him, after ultimatum he left. Today when I was carrying meal for my father at 7-7 1/2 to the farm (well), Manohar Singh S/o. Datar Singh Rajput, resident of Kotadi Meela, who was employed with Patwari Ramswaroop, started pursing me, as I arrived near my farm (well), Manohar Singh hoarse coughingly signalled, resultantly Ramswaroop Patwari and his wife Kanta emerged from lurking point, equipped with lathi in their hands. All three besieged me, escaping myself I rushed towards the well, where my father was supervising Mungfalli. All three came there and started beating me and to my father with Lathies, meanwhile, Baal Mukand, Raghunath Singh came there from their farms from vicinity and observing them, the assailants Ramswaroop, Kanta Bai and Manohar Singh fled away. My father felt down suffering injuries. Blood started coming out from his head and arm fingers. He was brought to home and was unconscious, then was taken to Arnod Hospital by tractor but my father succumbed to his injuries mid way, my father is presently at Arnod Hospital and I have come for the information. Legal be done.
(3.) Respondent-accused kanta Bai W/o. Ramswaroop Sharma has since died and this information has been taken on record on 11/07/1996, so the matter does not survive against the deceased accused respondent No.2 Smt. Kanta Bai and has been heard against rest of the two surviving respondents accused persons Ramswaroop S/o. Narsinghlal Sharma and Manohar Singh S/o. Datar Singh.;