BENI PRASAD DIXIT ALIAS LALLA DIXIT Vs. PUTTI LAL AND OTHERS

JUDGEMENT

(1.) This revision is directed against an order of acquittal in a case under Sec. 307/149 I.P.C.

(2.) The opposite parties were charged for having committed the murder of one Sarwan Singh on June 21, 1966 at about 7 a.m. in village Narain Das Khera in the district of Unnao. They had pleaded not guilty. Their case was that a party of 8 or 10 Badmashes including Sarwan Singh armed with guns and lathis had arrived at their door and had started firing as a result of which a she-buffalo, a bullock and a woman had received gun-shot injuries. They also set fire to the huts of the opposite parties whereupon one of them, namely, Putti Lal brought a Kanta and hit Sarwan Singh in the exercise of his right of private defence of person and property.

(3.) The prosecution examined Dr. R. P. Srivastava who had conducted the post mortem examination on the dead body of Sarwan Singh and some witnesses of fact in suport of its case. In support of the defence version Sheo Prasad and Chandra Bhushan were examined and Dr. M. C. Sharma, Medical Officer, District Jail, Unnao, testified to have found one lacerated wound on the left side head of Putti Lal on May 23, 1966. On an assessment of evidence the learned trial Judge reached a conclusion that 'the prosecution has utterly, failed to prove its case by reliable and trustworthy evidence. .... On the other hand the occurrence appears to have taken place in the manner suggested by the defence and in any case the defence version was much more probable than the prosecution version. On these findings he acquitted the opposite parties.