Heard Sri Rajiv Kumar Mishra, learned AGA for the appellant-State of U.P., Sri N.K. Mishra, learned counsel appearing for the respondent-accused Sripat and perused the record.

2. This government appeal has been preferred challenging the validity and correctness of the impugned judgment and order dated 29.3.82 passed by the Addl. Sessions Judge, Hamirpur in S.T. No. 280 of 1977 ( State Versus Sripat and others) whereby the learned trial Judge has acquitted the respondents-accused Sripat, Brij Lal and Gauri of the charge under Section 302 /34 IPC.

3. The facts, in brief, as culled out from the record are that first informant Jageshwar son of Saruwa Yadav resident of village Supa P.S. Mahoba District Hamirpur submitted a written report at police station Mahoba on 5.8.77 at about 9.15 A.M., inter alia, that there was some dispute between respondent-accused Brij Lal Yadav and others and the first informant and his brother Babu Lal over some land in the village. There had been a litigation also regarding that land and Babu Lal had once beaten respondent-accused Sripat. Respondent-accused Sripat then lodged an FIR against Babu Lal and his brother who were prosecuted under Section 323 IPC .

4. It was also averred in the FIR that on 4.8.77 the first informant and his brother were coming back from Mahoba after attending the Court in connection with that case under Section 323 IPC. When they were near the village Soopa, Gauri, brother of respondent-accused Brij Lal intercepted them, who was armed with a pistol threatened them but respondent-accused Brij Lal and his brother pleaded before him and were not harmed that day.

5. However, the next day on 5.8.77 at about 6.30 A.M. when the first informant Jageshwar along with his brother-in-law Beni was sitting in front of the door of Gauri 'Badhai' and his brothers Babu Lal and Ram Charan were standing at the door of their house, respondent-accused Sripat armed with his licensed gun, respondents-accused Brij Lal and Gauri armed with 'Bhalas' came there. On exhortation, Babu Lal and respondent-accused Sripat son of Brij Lal Yadav fired a shot at Babu Lal which hit his left side of chest. He ran about 22 steps inside the house, fell down and died there. This incident was seen by the first informant, his brother Ram Charan, their brother-in-law Beni, widow of deceased Babu Lal and Mangi a resident of the village.

6. On the basis of written report the check report was scribed by Head constable, Sri Bahadur Singh. After making entry in the G.D. the FIR of the incident was registered at case crime no. 170/1977 under Section 302 IPC against accused persons Sripat son of Brij Lal Yadav, Brij Lal son of Tatiya Yadav and Gauri son of Tatiya, resident of village Soopa, P.S. Mohoba, District Hamirpur.

7. The investigation of the case was handed over to S.O. Sri S.B. Shukla, who immediately proceeded the place of occurrence. He prepared inquest report of the dead body of deceased Babu Lal ( Ex.Ka-6). He also prepared all necessary papers i.e. khaka nash ( Ex.Ka-7), challan nash ( Ex.Ka-8) and letter to C.M.O. ( Ex.Ka-13). The I.O. also recovered an empty cartridge on the road near the place of incident and prepared its recovery memo ( Ex.Ka-11). He then collected the blood stained and simple earth from the place of occurrence and also prepared its recovery memo ( Ex.Ka-10). The dead body of deceased Babu Lal was then sent in Government Hospital at Mohoba for post mortem examination through constable Rajendra Singh and Chaukidar Muluwa.

8. Dr. K.N. Mishra ( PW-6), who was posted as Medical Officer at Government Hospital, Mahoba conducted the post mortem examination on the body of deceased Babu Lal on 6.8.77 at 3.00 P.M. On external examination he found the probable age of deceased about 25 years who had met his death about a day prior to the autopsy. His eyes were closed. The deceased was muscularity and stout. Rigor mortis was present. On internal examination it was found that 4 or 5 oz. b