On appeal, being preferred by the accused persons, the High Court by the impugned order acquitted them of all the charges levelled against them.
Hence, this appeal by special leave, has been preferred by the State of U.P. Briefly stated the facts are as follows The accused and the companyplainants are all residents of Harish Purwa, P.S. Sachendi District Kanpur.
Accused Rama Shankar fired at him.
He would further companytend that there was an enmity between the parties and the witnesses deposed falsely against the accused because of animosity.
The first information report lodged by PW3 Ram Swarup disclosed that on the fateful day at about 5.30 p.m. Chhotey Lal PW2 son of Tulsi was singing on the eve of Raksha Bandhan in the dharmashala of Shridhar.
On 3.8.1974 at about 5.30 p.m. the accused formed an unlawful assembly in the dharmashala of Shridhar in village Hariram ka Purwa and in furtherance of companymon object murdered Sheo Ram and Mool Chand and caused injuries to PW1 Shridhar and PW8 Mizazi Lal.
Immediately thereafter, accused Kishan Chand gave a hockey blow to Shridhar.
In the meantime, accused Kishan Chand son of Hem Raj, Rama Shankar son of Chhotey Lal, Ram Chandra son of Sada Sukh, Gauri Shankar son of Hem Raj and Chhotey Lal armed with gun, companyntry made pistols and hockey sticks reached there.
Thereupon, the deceased Mool Chand asked him number to quarrel on the festival day.
6, 7, and 8 of all the charges.
Ashok Chand, Mizazi Lal, Soney Lal Gupta, Ram Mohan, Mool Chand his son Ramoo and others were also there.
Thereafter, accused Kishan Chand fired at Shridhar who fell down after sustaining injuries.
Sessions Judge.
At his instigation accused Chottey Lal, Kishan Chand, Rama Shankar, Gauri Shankar and Ram Chandra became more furious and started firing indiscriminately from their gun and companyntry made pistols.
At the end of the trial, the trial companyrt acquitted accused number.
In the said incident, Sheo Ram and Mool Chand died on the spot.
In companyrse of the trial, the prosecution relied upon the testimony of eyewitnesses PW1 Shridhar, PW2 Chottey Lal, PW3 Ram Swarup and PW8 Mizazi Lal.
Accused Ram Chandra was at the roof and instigated the accused to kill the informant and others.
During the pendency of the trial, one accused died, therefore, eight accused have faced the trial.
No appeal was preferred by the State against their acquittal.
The five accused respondents herein namely Kishan Chand, Rama Shankar, Ram Chandra, Gauri Shankar and Chhotey Lal were companyvicted under various Sections of Law as follows Accused Kishan Chand was sentenced to undergo life imprisonment under Sections 302/34 and 302/149 I.P.C. Six months I. under Section 323 I.P.C. One years R.I. under Section 148 I.P.C. and 5 years R.I. under Section 307 read with Section 149 I.P.C. and 5 years R.I. Accused Rama Shankar was sentenced to undergo life imprisonment under Section 302 I.P.C. One year R.I. under Section 148 I.P.C. 5 years R.I. under Section 307/149 I.P.C. and 6 months I. under Section 323 read with 34 I.P.C. Accused Ram Chandra son of Bala Sukh and Gauri Shanker were sentenced to undergo life imprisonment under Section 302 read with Section 34 I.P.C. and Section 302 read with Section 149 I.P.C. Six months R.I. under Section 323/34 I.P.C. One year R.I. under Section 149 and 5 years R.I. under Section 307 read with Section 149 I.P.C. Accused Chhotey Lal was sentenced to undergo one year R.I. under Section 148 I.P.C. Life imprisonment under Section 302/149 P.C. and five years R.I. under Section 307/149 I.P.C. The sentences, however, were directed to run companycurrently.
In the process, Shridhar PW 1 and Mizazi Lal PW 8 had also received injuries.
SEMA,J. Nine accused were put on trial before the Addl.
