JUDGMENT :

Narendra Kumar Johari, J.

The present Government appeal has been filed by the State seeking leave to appeal against the judgment and order dated 22.6.1985, passed by learned IIIrd Additional Sessions Judge, Meerut in S.T. No. 577/1983 (State v. Sahab Singh and others), arising out of Case Crime No. 4 of 1983, under Sections 147, 148, 323, 324, 307, 302 IPC, Police Station Chhaprauli, District Meerut. By the impugned judgment and order, learned trial Court acquitted the accused-respondents Sahab Singh, Charan Singh, Dharamvir, Dhara Singh and Shri Pal for the offence punishable under Sections 323/149, 302/149, 147 IPC.

2. In brief, the case of the prosecution was that the informant Mahak Singh lodged an F.I.R. in Police Station Chhaprauli, District Meerut on 12.1.1983 at 18.10 hours stating that informant alongwith his brother Satyapal Singh was returning from his sugar cane field on 12.1.1983 at about 3.00 p.m. On the way, as he reached near the sugarcane field of Zilley Singh, the accused persons Sahab Singh, Charan Singh, Dharamvir, Dhara Singh and Shri Pal, who were hidden in the sugar cane harvest of Zilley Singh's field, came out from the filed caught Satyapal Singh and started assaulting him. All the accused persons had beaten him badly using the weapons Lathies and Kharpali (a sharp edged weapon). Informant, who was also returning from his field and following Satyapal Singh from some distance, seeing the occurrence, ran towards them by raising alarm to rescue his brother. Looking his activities accused Saheb Singh attacked on him with Danda. Having heard the voice of informant, Ranvir, Chandan and Baljeet, who were present in their fields, moved towards the place of occurrence to save them. As the witnesses reached on the spot, accused persons made their escape good. The accused persons had attacked on his brother, due to old enmity.

3. Injured/victim Satyapal was brought from the place of occurrence to his house by bullock cart and thereafter to Police Station by bus. The police registered F.I.R. on the basis of above written Tehreer, scribe by Krishna Pal Singh. The Investigating Officer, considering the serious condition of injured, recorded the statement of Satya Pal Singh under Section 161 Cr.P.C. at Police Station. Thereafter, the injured Satyapal Singh was sent to Chaprauli Hospital for treatment. Since the doctor was not available there, hence the injured moved to Primary Health Center, Baraut from Chaprauli, but on the way, injured Satyapal Singh succumbed to his injuries. Injured Mahak Singh got medically examined at Primary Health Center, Baraut at about 10.10 p.m.

4. Pursuant to the F.I.R., investigation of the case was entrusted to Station Officer Rajendra Singh, who prepared the Inquest report, send the dead body of Satyapal Singh for Post-mortem, inspected the spot, sketched the site map and recorded statement of the witnesses under Section 161 Cr.P.C. The Investigating Officer also collected the blood stained and plain soil from the place of occurrence. On the pointing out of the accused Sahab Singh, the Investigating Officer recovered three blood stained Lathies from the Gher of his residential house, prepared the Fard and submitted the police report under Section 173 (2) Cr.P.C. before the Court concerned against all the accused persons.

5. Learned trial Court framed the charges under Section 323 read with 149, 302 read 149 and 147 IPC against accused persons, who denied and abjured the charges, pleaded not guilty and preferred the trial.

6. On behalf of the prosecution Mahak Singh as PW 1, Chandan Singh as PW 2, Pheru as PW 3, Baljit as PW 4, Kalu Ram S/o Hardan Singh as PW 5, Dr. T. Raj Sharma as PW 6, Dr. V.P. Gupta as PW 7, Constable Sohanpal Singh as PW 8, Constable Budh Prakash as PW 9, R.S. Kaushik as PW 10 and constable Sukhpal Singh as PW 11 have recorded their evidence.

7. PW 1, Informant Mahak Singh, has corroborated the F.I.R. version in his evidence and submitted that he was the eye-wit