STATE OF U P Vs. KUNJ LAL

JUDGEMENT

(1.) The present government appeal arises out of the judgment of acquittal dated 18.2.1981 passed by the learned Sessions Judge, Mathura in Sessions Trial No. 206 of 1980 by which the respondents Dhan Pal alias Sidhnath and Nand Lal alias Nando were acquitted of charge under Section 302/34 IPC and respondent Kunj Lal alias Goli was acquitted of charge under Section 302 IPC.

(2.) The prosecution case emanated from the written report (exhibit Ka-6) filed by Prabhu Dayal (P.W.3) before the Officer Incharge of Kotwali Police Station, Mathura in which it was alleged that a litigation in respect of Khelawali orchard was pending between respondent Kunj Lal alias Goli and the informant. Criminal cases had also cropped up on account of the dispute for the orchard which was described as Khelawali Bagichi due to which the accused persons were carrying ill-will and animosity towards the informant and his family.

(3.) The informant stated that on 15.4.1980 he along with Kunj Bihari alias Kunjo (P.W.4) and his elder brother Dau Dayal (the deceased) started from the house of his Mausi (his mother's sister) situated at Talpura for the house of his maternal grand-mother situated in Mohalla Bishramghat and they were going through Chhata Bazar road. It was at about 5 P.M. when the informant and the deceased along with Kunj Bihari (P.W.4) had reached in front of the lane, described by him as Bheekam Chandra Seth Gali that respondent Kunj Lal alias Goli armed with a ballam and his elder brother Dhanpal alias Sidhnath armed with a lathi and Nand Lal alias Nando armed with Farsa came there seeing the informant and his companions and respondent Dhanpal remonstrated by hurling abuses at deceased Dau Dayal that he should not be spared. It was stated that respondent Nand Lal attempted a blow with Farsa upon Dau Dayal but he evaded it and saved himself, but in the mean time respondent Kunj Lal alias Goli pierced his Ballam into the stomach of deceased Dau Dayal. The informant, Kunj Bihari (P.W.4), one Chandra Prakash (not examined) and Shiv Lal alias Shibbo (P.W.11) and some others, seeing the occurrence, raised alarm and tried to save him when the accused persons ran away into the same lane from where they had emerged to assault the deceased. It was also stated that before they had left, respondent Dhanpal had attempted a lathi blow upon the deceased.