STATE OF U.P. Vs. RAKESH AND ORS.

JUDGEMENT

(1.) THE instant Government Appeal is preferred against judgment and order of acquittal dated 13.12.2007 passed by Additional District and Sessions Judge (Special) Baghpat in Session Trial No. 110 of 2005 arising out of case crime No. 16 of 2003 State v. Rakesh and Ors. under Sections , I.P.C. Police Station Chhaprauli, District Baghpat.

(2.) GOVERNMENT Appeal was connected with criminal revision No. 792 of 2008 Shyam Sunder v. State of U.P. and Ors. filed against acquittal.

(3.) FIVE accused/ opposite parties are alleged to have caused injuries to Ram Saran father of first informant inside his house with an intention to kill him. Injured was crushed and given severe beating on account of which he became unconscious. Incident is alleged to have taken place on 9.2.2003 at 17:30 hours. It is further alleged that certain villagers got the injured admitted at 23:00 hours in community health centre Baraut and on the next day i.e. 10.2.2003 at 2:00 p.m., he was admitted in emergency ward in Guru Teg Bahadur Hospital, Sahadra, Delhi. First informant is an employee in Ministry of Defence and posted in West Bengal and rest of his brothers reside in Delhi. First information report was registered after five days on 14.2.2003.