JUDGMENT

(25-01-2017) Per Justice N.K. Gupta, The appellants have preferred the present appeal being aggrieved with the judgment dated 25-02-1999 passed by theAdditional Sessions Judge, Sheopurkalan in S.T.No.180/1995 in which the appellants have been convicted for the charges of Sections 147, 302 or 302 read with Section 149 and 452 of IPC and sentenced to 6 months imprisonment, life imprisonment with fine of Rs.100/- and 1 year imprisonment with fine ofRs.100/- respectively with default stipulation. 2- The prosecution's case in short is that on 07-03-1995 at about 8:30 pm various accused persons belonging to tribal community gathered in front of house of one Motilal (PW-7).

They were demanding the gift for the festival Holi. Motilal told them that appropriate gifts had already been given to them but the accused persons were not satisfied and therefore, they started assaulting various persons with stick and by pelting stones. In such activity, Shanti Bai (PW-3), Radheshyam (PW- 5), Ramswaroop (PW-6), Babulal (PW-1), Govarilal (PW-9) and2 Cr.A.No.215/1999 Pooran had sustained injuries. When the deceased Deviram intervened in the matter, the appellant Harnarayan told the co- appellant Pappu S/o Raghunath to kill the deceased Deviram and therefore, the appellant Pappu threw a heavy stone on the chest of the deceased Deviram causing his death. The complainant Babulal (PW-1) took all the injured persons to the police station Manpur and lodged the FIR Ex-P/1. After registration of the case, the injured persons were sent for their medico legal examination and the dead body of the deceasedDeviram was sent for postmortem. Dr. D.K. Gupta (PW-10) examined the victim Shanti Bai (PW-3), Radheshyam (PW-5), Babulal (PW-1), Ramswaroop (PW-6), Govarilal (PW-9) and Pooran (PW-8) and gave his report Ex-P/10, Ex-P/12, Ex-P/16, Ex-P/14, Ex-P/18 and Ex-P/20 respectively. He found simpleinjuries to the said persons. Dr. S.K. Tiwari (PW-4) performed the postmortem on the body of the deceased Deviram and gave the report Ex-P/6. He found two large contusions on both sides of the chest of deceased Deviram below which various ribs and right clavicle bone were found fractured. On opening of body, the right lung was found lacerated and the spleen was also found torn from the back side and deceased died due to such injuries and profuse internal bleeding caused due to suchinjuries. According to Dr. S.K. Tiwari, death of the deceased was homicidal in nature. The injuries were sufficient to cause his death in natural course of his life.

3- The investigating Officer, R.P. Sharma (PW-11) went tothe spot and prepared a spot map. He examined the witnesses. He took the blood stained soil and ordinary soil from the spot and prepared recovery memos Ex-P/4 and Ex-P/5. He prepared memo of damage Ex-P/6 in relation to damage caused to the complainant Babulal (PW-1) and victim Motilal (PW-7). On 19- 03-1995 some of the accused persons were arrested and on asking them, sticks were recovered from few accused persons.

Memo under Section 27 of the Evidence Act of the appellant Pappu was recorded as Ex-P/32 and consequently, a heavy stone was recovered from him which was lying in the courtyard3 Cr.A.No.215/1999 of Motilal (PW-7) for which recovery memo Ex-P/33 was prepared. Various articles were sent for forensic science analysis. After due investigation, the charge sheet was filed before the Additional Chief Judicial Magistrate, Sheopurkalan who committed the case to the Court of Sessions and ultimately, it was transferred to the Court of Additional Sessions Judge, Sheopurkalan. The appellants abjured their guilt and they did not take any specific plea and therefore, no defence evidence was adduced.

4- The Additional Sessions Judge after considering the prosecution evidence acquitted as many as twelve accu