STATE OF U P Vs. RAMA KANT

JUDGEMENT

(1.) Heard learned counsel for the State and learned counsel for the respondents.

(2.) By the impugned judgment the High Court has directed acquittal of the respondents who faced trial for alleged commission of offences punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short IPC, Section 323 read with Section 149 IPC. Some others were also sentenced for offences relatable to Sections 148 and 147 IPC.

(3.) The occurrence took place on 23/10/1979. According to the prosecution, the eye witnesses were PW.1, the complainant, PW.4-the mother and PW.5 the wife of the complainant. Though PW.3 was examined as alleged eye-witness, he did not Suppl ort the prosecution version. The defence version was that it was PW.1 who was responsible for causing death of the deceased who happened to be his brother. The trial Court, as noted above, found the evidence to be cogent and credible and recorded conviction.