The main legal point established in the judgment is that appeals from acquittal are allowed only in exceptional circumstances, and the burden is on the government to show that the acquittal is wrong.

Kalimullah Khan, J.: -

This government appeal no. 2514 of 1983 under Section 378 Cr. P.C. has been filed by the State of U.P. against the accused, Shyam Bihari, Amrit Lal and Moti Lal, all R/O Village & P.S.-Mau, District-Banda, whereby learned trial court has acquitted all the aforesaid accused persons by judgment and order dated 15.7.1983 under Section 302 IPC in S.T. No. 436 of 1982: State Vs. Shyam Bihari & two others.

2. Since accused-respondent no. 1, namely Shyam Bihari has died as per report of Chief Judicial Magistrate, Banda dated 23.10.2003 and office reports dated 24.11.2003, 1.12.2003, appeal against him stands abated.

3. The impugned judgment and order dated 15.7.1983 has been challenged on the ground that it is against the law and facts of the case.

4. The incident is said to have taken place on 4.8.1982 at about 13 hours, whereas first information report was lodged on the same day i.e. 4.8.1982 at 2.15 P.M.

5. The prosecution case as it appears, is that the accused, Shyam Bihari (a Darji), Amrit Lal (a Lohar) and Moti Lal (a Mali), are the residents of Village-Mau and are friends inter-se. They have long standing enmity with the complainant, Jag Mohan and his nephew deceased, Dinesh alias Poladhar, aged about 20-22 years and their family members. The incident took place out of the aforesaid enmity. Dinesh alias Poladhar, hereinafter called 'deceased' has his education up to Intermediate. The incident took place on Raksha Bandhan day when complainant Jagmohan was grazing his she-buffalo towards south of field of Somdutta by the side of the road. Smt. Raj Kali, P.W. 2, mother of the deceased was scrapping grass along with two other lady, Km. Rajmani and Shail Kumari in the field of Ram Surat towards east of the field of Somdutta. At that time, deceased was coming from his house to call for his mother. Accused, Shyam Bihari and Amrit Lal armed with Pharsa and Moti Lal with lathi reached there. They exhorted 'MARO SALE KO JANN SE BACHKAR JANE NA PAVE' and they belaboured the deceased with their weapons and killed him at spot. On hearing alarm being raised, Jagmohan P.W.1, Smt. Raj Kali, P.W.2, Kumari Rajmani and Shail Kumari rushed towards scene of incident and in the meantime all three accused persons fled away towards north-west.

6. Jagmohan, P.W. 1 lodged the report on the same day at about 2.15 P.M. at the Police Station-Mau, District-Banda. The case was registered, investigation started, inquest was prepared and after observing necessary formalities, dead body of deceased was sent to mortuary for post mortem examination. The Investigating Officer recovered the plain and blood stained earth, prepared recovery memo. He further recovered under-shirt (Baniyan) of the deceased and also a piece of bone and hair from the spot. He sealed them in separate bundles. Recovery memos were prepared. Dr. M.P. Joshi, Medical Officer, Combined Hospital, Karvi conducted post-mortem examination on 5.8.1982 at 12.40 hours on the body of the deceased, Poladhar, prepared post-mortem report and proved it as Ex. Ka-2. Following ante-mortem injuries were found on the body of the deceased aged about 20 years:

1. Incised wound size 16 cm. x 1.2 cm. x brain cavity deep on head in mid-line in front of parietal region, 4 cm. above bridge of nose horizontally placed, underlying bone, frontal and parietal cut.

2. Incised wound 15 cms. x 1 cm. x brain cavity deep on left side of head in front to temporal region just above left ear, transversally placed, underlying bone cut.

3. Incised wound 16 cm. x 2 cm. x brain cavity deep on left side of face, ear and back of head in occipital region 6 cm. below injury no. 2, transversally placed, underlying bone cut.

4. Incised wound 12 cms. x 1 cm. x bone deep on left side of face and lateral aspect of neck 2 cms. below injury no. 3, underlying bone left mandible cut, transversally placed.

5. Incised wound 17 cm. x 2 cm. x bone deep on anterior lateral aspect of upper part of left side of neck 1 cm. below i