JUDGMENT :

OM PRAKASH-VII, J.

1. This appeal against acquittal by appellant State is directed against the impugned judgment and order dated 22.4.1985 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Jalaun at Orai in S.T. No. 143 of 1980 (State vs. Narendra Singh and Another), P.S. Kotwali Orai, district Jalaun by which the accused respondents have been acquitted of the charges under Sections 302/34, 302 IPC.

2. At the very outset, it is very relevant to mention here that during pendency of Appeal, accused respondent No. 2 Ramesh has died. Accordingly, by the order dated 27.11.2021, this Court passed order directing abatement of Government Appeal as against the accused respondent no. 2.

3. Now, we are proceeding to consider the government appeal in respect of rest of the accused respondent i.e. Narendra Singh.

4. Brief facts of the case, in nutshell, are that informant and his brother Bhanu Pratap Singh had gone to the Court on 16.7.1980 for taking certified copy of certain judgment. At about 02.00 - 02.15 p.m. after finishing their court work they were going towards Orai market. Near the Orai Jhansi Bus Stand at the gate of Kutchahri they were joined by Taqdir Singh, Bal Ram Tewari and Ram Swarup Singh. While going to the Orai market, Informant Ram Lakhan Singh and his brother Bhanu Pratap Singh accompanied by the aforesaid three witnesses reached the Konch Bus Stand. At about 02.25 p.m. accused Narendra Singh, Ramesh and one Surendra Singh Yadav saw them all. Accused Ramesh alarmed Surendra Singh that the enemy was coming and on seeing this Surendra exalted the accused Narendra to kill Bhanu Pratap Singh. Bhanu Pratap Singh seeing these persons tried to run away but before that he was fired at by the accused Narendra Sigh and Ramesh with country made pistol and a pistol. Informant Ram Lakhan Singh and the aforesaid witnesses challenged the accused persons but they made their escape good under the cover of fire by them. Then the informant found that his brother Bhanu Pratap Singh was dead. The aforesaid murder by the accused persons, namely, Narendra Singh and Ramesh was committed due to old enmity between the accused Narendra Singh and the informant. The accused Ramesh and Surendra Singh were the party-men of the accused Narendra Singh. Informant Ram Lakhan Singh prepared F.I.R. and lodged the same at the police station concerned. Necessary formalities i.e. Panchayatnama etc. were prepared and the dead body of the deceased Bhanu Pratap Singh was sent for post mortem. Investigation started and after completion of investigation charge sheet against Narendra Singh, Surendra Singh and Ramesh was submitted. Accused Surendra Singh died during trial. Trial started against accused respondents Narendra Singh and Ramesh.

5. Accused persons appeared and charge under Sections 302/34 and 302 IPC was framed in the trial court against them. Accused have denied the charges framed against them and claimed their trial.

6. Trial proceeded and on behalf of prosecution, eight witnesses i.e. PW-1 Ram Lakhan Singh (informant), PW-2 Bal Ram Tiwari, PW-3 Constable Mani Ram, PW-4 Constable Ram Kishore, PW-5 Constable Ram Gopal, PW-6 Dr. G.C. Mishra, who conducted the post mortem on the dead body of deceased, PW-7 Sub-Inspector D.N. Chaturvedi, PW-8 Sub-Inspector Yagya Datt Rai, PW-9 Constable Har Narain Singh were examined.

7. After closure of prosecution evidence, statement of accused persons under Section 313 Cr.P.C. was recorded in which they denied the allegations and stated that they have been falsely implicated due to enmity. Deceased was a notorious Gunda and a known criminal having his criminal history. He was leader of the dacoits engaged in road hold-up and therefore he was killed by the then Kotwal Devraj Singh through his men. They produced one head constable named Sobran Singh in their defence as DW-1. This witness brought the road gang register to show that the deceased Bhanu Pratap Singh was registered as leader of road gang engag