STATE OF UTTAR PRADESH Vs. RAVINDRA @ BABLOO

JUDGEMENT

(1.) The State as appellant assails the acquittal of the three respondents by the High Court, reversing their conviction under Sections 302/149, 307/149, 147, 148 and 452 of the Indian Penal Code ordered by the Trial Court.

(2.) The assault took place on 10.01.2002 at about 4.30 PM. Two persons Mahendra Singh and Lokesh, who were father and son respectively, have been deceased. PW-­1, Smt. Mahendri, wife of deceased Mahendra Singh, is an injured eye witness. PW-­3, the wife of deceased Lokesh is also an eye witness. Five persons were originally accused. One of the accused Satyendra @ Mintoo was deceased during the course of the trial. The three respondents were armed with spade, iron rod and country-­made pistol respectively. The injuries found on the deceased and the injured PW-­1 are as follows: Injuries of deceased Mahendra:

(3.) The occurrence fueled by enmity occasioned due to a land dispute is an admitted fact. The High Court opined that in absence of injuries on the two deceased and the injured not being commensurate to the nature of weapons possessed by the three respondents entitled them to acquittal.