STATE OF UTTAR PRADESH Vs. BATTAN

JUDGEMENT

(1.) This appeal by special leave has been filed by the State of Utter Pradesh against refusal by the High Court to grant leave in an appeal against acquittal and, consequently, dismissing the appeal against acquittal.

(2.) Shorn of details, the prosecution case in brief is that on 17th of January, 1990 at about 8. 00 a. m. when the deceased went towards river side for easing himself, the accused party armed with lathis and dandas arrived there and started assaulting him. On learning about the assault on their brother, Ramesh, Ramphal and Ram Nath (PWs. ) rushed to the spot and found that the accused were chasing Ramesh (deceased) and as soon as Ramesh had reached outskirts of the village, he was assaulted by the accused party and he fell down. When his brothers and some other prosecution witnesses tried to intervene, they were also given beating. On hearing noise, some other persons also were attracted to the spot, seeing whom the accused persons ran away. A first information report was lodged and after investigation, a charge-sheet was submitted against the accused party.

(3.) After recording the evidence, the learned trial court on 4th April, 1991 acquitted the accused persons of the charges. As already noticed, leave to file appeal against acquittal was refused by the High Court.