State Of U.P vs Preetam & Ors

2. We may now briefly note the background facts, necessary for the adjudication of the present matter. It is the case of the prosecution that on 20th August, 1977 at around 3.30 p.m., Gulab and his nephew Chhatrapal were grazing their cattle in Dhadhai Haar. Preetam (hereinafter referred to as `respondent No.1'), who is a collateral of the above two, came there and asked Chhatrapal and Gulab, as to why they were grazing their cattle in his field. Chhatrapal and Gulab told him that they were not grazing in his field. Respondent No. 1 then abused and started beating them. Chhatrapal and Gulab retaliated and started beating Preetam. On an alarm raised by respondent No. 1, his family members, who were present in the vicinity doing work in their fields, namely Dilli, Tutti, Mukundi, Karan Singh, Balli, Katti, Hari Singh, Baura, Thakurdas and Siya Brahims came running to his rescue. They were armed with kulharis and lathis.

3. Respondent No. 1, Karan Singh (hereinafter referred to as `respondent No. 2') and Mukundi (hereinafter referred to as `respondent No. 3') were armed with axes and Katti alias Hari Singh (hereinafter referred to as `respondent No. 4') and Tutti alias Babu Lal (hereinafter referred to as `respondent No. 5') were armed with lathis.

On seeing them, Chhatrapal and Gulab, due to the fear of the respondents, ran towards the village Abadi. They were prevented from reaching their house by the respondents. They were encircled in the field of Hirwa, which was in the Thakur Baba Har. In the field, they were assaulted by respondent Nos. 1, 2 and 3 and seven other accused persons with axes and lathis. On hearing the voice of Chhatrapal and Gulab, informant (PW1) and his brother, Bahadur (PW2) rushed to save them. They were ploughing their fields in the near by ground. On reaching the spot of the incident, they were also assaulted. Some other witnesses also arrived at the spot of occurrence on hearing the alarm raised by Punna, PW1 and Bahadur, PW2. They include his daughter 4 Lachchi and Sunkiya, wife of his brother Bahadur. After the assault, the respondents ran away towards the village. Gulab and Chhatrapal were lying dead in a pool of blood in the field of Hirwa. They had suffered axe and lathi injuries. Due to rain and fear of the respondents, they did not go to the police station that day. The FIR was lodged on 21st August, 1977 at 8.30 a.m. by Punna, PW1. The distance between the police station and the place of occurrence was 5 miles.

Bahadur, PW2 had suffered an incised wound 2 cm x 5 cm muscle deep at the border of the right mandibular angle 4 cm, below right ear. These injuries were medically examined by PW6, Dr. R.S. Mishra on 21st August, 1977 between 10.30 and 11.30 a.m. He had proved the injury reports of Punna and Bahadur. A perusal of his statement shows that none of the injuries were grievous in nature. No X-Ray report or any other 5 supplementary reports were placed on record. The injuries were apparently simple.

5. The postmortem examination on the body of the two deceased, Gulab and Chhatrapal was conducted by PW8, Dr. V.D. Mishra. In his report, he stated that there were three incised wounds on the body of Chhatrapal, two of them being on head, one covered right side face, lower part of the right ear and part of neck and the other on the left side of head 12 cm above the left ear. In both the injuries underlying bones were cut. The third injury was on buttock. In the opinion of the doctor, cause of death was due to shock and hemorrhage as a result of injuries No. 1 and 2.

6. The postmortem examination of deceased Gulab took place at 2.45 p.m. on 22nd August, 1977 and was conducted by PW8, Dr. V.D. Mishra. Three incised wounds were also found in the body of Gulab, one on the upper side of head 10 cm above from left ear, underlying 6 bone was found cut and the second and third incised wounds were on the left side head. The third injury was 2 cm above injury No. 2. The doctor then stated that all three injuries were on his skull. The cause of death was shock and hemorrhage due to the above injuries.

7. The prosecution in support of its case examined five eye witnesses. PW1, Punna and PW2 Bahadur both were injured witnesses. PW3, Kumari Pramod was daughter of PW2. The fourth witness was Kunwar, PW4, he was declared hostile by the prosecution. PW5, Thakur Das alias Munna too turned hostile and did not support the prosecution case. The other witnesses are PW7, Ram Swaroop, the scribe of the report, PW6, Dr. R.S. Mishra, who examined the injuries of the prosecution witnesses and PW8, Dr. V.D. Mishra who performed the autopsy of dead bodies.

8. On the other hand, respondents also sustained minor injuries. The injuries suffered by them were of 7 blunt object. Preetam Singh, respondent No. 1 suffered two lacerated wounds, one on the left elbow joint and the other on the left side of the segital suture. Other injuries were on the left ring finger at the level of second phalangial joint and on the left shoulder joint. Hari Singh, respondent No. 4 had suffered only an abrasion on the first phalanx of the right thumb. Karan Singh, respondent No. 2 had a contusion vertically on the left side of the back and another contusion horizontally at the level of the inferior angle of the left scapula, abrasion circular in the radius of .5 cm on the outer aspect of the left shoulder joint, contusion at the outer aspect of the left shoulder joint and lateral wound, bone deep, on the right parietal protuberance. Injury No. 5 was on the vitalo part of his person. Mukundi, respondent No. 3 had three contusions, on the right shoulder joint, right side of mid neck and dorsal surface of the right palm. Babu Lal, respondent No. 5 suffered one lacerated wound and a contusion. The lacerated wound was skin deep at the level of the left temporo mandibular joint and contusion 8 with swelling on the dorsal surface of the first phalanx of left thumb. All the injured respondents were examined on the same night, i.e., 20th August, 1977 between 9.00 p.m. and 10.15 p.m. All these injuries were suffered from a blunt object.

Accused Baura alias Drigpal, Siyaram, Thakkoo alias Thakurdas and Balli alias Baladin are held not guilty of the offences with which they stand charged and are acquitted.

All the sentences shall run concurrently.

All the five accused be taken into custody to serve out the sentences awarded to them. The bail bonds are cancelled.

19.We are of the considered opinion that the conclusions reached by the High Court can not be said to be either perverse or based on no evidence. The High Court has recorded plausible as well as probable conclusion.

The respondents were, therefore, clearly entitled to the benefit of doubt and have been rightly acquitted.

20.In this view of the matter, we find no reason to interfere with the judgment of the High Court. The appeal is, therefore, dismissed.