STATE OF UTTAR PRADESH Vs. DHARAMRAJ

JUDGEMENT

(1.) S.L.P. (Crl.) No. 2290 of 1993

(2.) These appeals by special leave, one filed by the informant (P.W. 5) and the other by the State of U.P. arise out of the judgment of the High Court of Allahabad in Criminal Appeal No. 1668 of 1980. That appeal was filed by the accused (respondents herein) against the conviction recorded against them under S. 302 read with S. 34, I.P.C. and the life sentence imposed. The High Court acquitted the accused of the offence with which they were charged and allowed the appeal. The High Court observed that the prosecution was not able to prove the case against the accused by cogent, consistent and reliable evidence.

(3.) The two accused-respondents were charged for murdering one Harnath Singh of the same village on 8-12-1979 at about 11.30 a.m. at the house of Shivanandan (P.W. 1). They were also charged under S. 323 read with S. 34, I.P.C. for causing simple hurt to Shivanandan but they were acquitted of that charge by the Sessions Court itself.