At, High Court of Judicature at Allahabad
By, THE HONOURABLE MR. JUSTICE SATISH CHANDRA & THE HONOURABLE MR. JUSTICE RAKESH TIWARI
For the Appellant: -----------. For the Respondent: P.C. Srivastava, Ajay Kumar Pandey, Advocates.
Rakesh Tiwari, J.
1. Heard learned A.G.A., for the appellant. Sri P.C. Srivastava for the informant, Sri Ajay Kumar Pandey, counsel for the accused-respondents and perused the record.
2. This appeal has been preferred by the State of U.P. challenging the validity and correctness of judgment and order dated 31.3.1983 passed by Special Judge, Bulandshahr in Session Trial No. 476 of 1981, State v. Rajvir and another, acquitting accused respondents Rajvir and his brother Somvir of the charges punishable under Sections 302 read with Section 114, 302 read with 34, 323 and 302. I.P.C.
3. The incident is said to have taken place on 27.2.1980 at about 11 a.m., report of which was lodged by first informant Durga Prasad Sharma son of Dhurimal Sharma, resident of village Karaura, Police Station Pahasu, district Bulandshahr, at 1.30 p.m. against the aforesaid two accused persons.
4. Perusal of the F.I.R. reveals that accused Rajvir suspected that Kanta (since deceased) was a police informer who used to report the police about his activities. On account of this misplaced suspicion, accused Rajvir harbored grudge against Kanta. On 27.2.1980 at about 11 a.m. when Kanta was washing clothes at a small water tank near the tube well of Bhagwati Prasad in village Karora, accused Rajvir armed with a kassi came there and washed his feet in the aforesaid water tank. On this Kanta protested and some altercation took place between them and both accused Rajvir and Kanta grappled with each other. At that time, Ganga Sahai, son of Jivan, resident of Atrauli, P.S. Atrauli, district Aligarh, who was a servant of Bhagwati Prasad, Shafi Mohammad son of Kanfi Khan and Raghunath son of Chheda Lal Sharma, who were also resident of the village of the informant, came there alongwith the informant. They intervened and separated both of them. Accused Rajvir went away picking up his kassi. In the meantime, Somvir, brother of accused Rajvir armed with a lathi came and inquired as to what had happened, on which Rajvir told him that Kanta has made his life a hell. On this, Somvir exhorted to kill Kanta, whereupon R
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ajvir gave a blow with his kassi on the head of Kanta with the intention to kill