STATE OF U P Vs. SHIV KUMAR

JUDGEMENT

(1.) These appeals have been preferred by the State of Uttar Pradesh against the judgment and order of the High Court of Judicature at Allahabad in Criminal Appeal No.1761 of 1980, dated 19-3-1999. By its impugned judgment and order, the High Court allowed the appeal preferred by the respondents and acquitted them of the charge under Section 302 read with Section 34, IPC. Earlier, the respondents were tried by the IV Addl. Sessions Judge, Fatehpur in Sessions Trial No.172/80, who by judgment and order dated 12th August, 1980 convicted them of the offence under Section 302 read with Section 34, IPC and sentenced them to imprisonment for life.

(2.) The case of the prosecution is that on 26-2-1980, Rudrapal Pandey (deceased) requested his nephew Ram Bahadur (PW-1) to take his wife Smt. Shyampati to village Haswa from where they were to board a bus to Fatehpur. They proposed to go to Fatehpur to consult a doctor since the said Smt. Shyampati was suffering from headache etc. The case of the prosecution is that Ram Bahadur (PW-1) along with his aunt proceeded towards village Haswa. Later, the deceased Rudrapal Pandey followed them. According to the prosecution, while proceeding towards village Haswa, the deceased Rudrapal Pandey requested Daulat Singh (PW-2) to accompany him. When they reached near village Aswan Baxpur, all the respondents came armed with fire-arms and surrounded the deceased. The respondent Shiv Kumar was armed with a gun while the remaining three were armed with pistols. The respondents Shiv Kumar and Amar Singh fired one shot each from their gun and pistol respectively. Though the deceased attempted to run away, he was prevented by respondents Ram Lakhan and Ram Kumar from doing so by pushing him in the canal. Thereafter, Ram Lakhan and Ram Kumar fired one shot each from their pistols. The accused thereafter ran away and an alarm was raised by Ram Bahadur.

(3.) The motive suggested by the prosecution was that one Barjor Singh, uncle of the respondent Shiv Kumar, had been murdered and in that case Daulat Singh (PW-2) and his nephew Surajbali were the accused. In that case, the deceased Rudrapal Pandey was doing parvi on behalf of Daulat Singh (PW-2). This was the enmity which resulted in the murder of Rudrapal Pandey.