STATE OF U.P. Vs. RAVI SHAKYA

JUDGEMENT

(1.) Heard on Admission.

(2.) Challenge in the present Government Appeal is to the judgment and order dated 14.08.2019 passed by Sessions Judge, Mainpuri in Sessions Trial Nos. 82 2017 (State Vs. Ravi Shakya and others) and 111 of 2017(State Vs. Sonu Shakya alias Sonpal), acquitting the respondents of the offences under Sections 147, 148, 302 read with Section 149 of IPC.

(3.) In the present case, name of the deceased is Mukesh Kumar. It is alleged that on 24.10.2016, at 5.30 PM, on account of old enmity, the accused persons assaulted the deceased by clubs and rods and has caused him several injuries. Injured was taken to hospital and on the next day i.e. 25.10.2016 on the basis of written report (Ex.Ka-1), first information report (Ex.Ka-5) under Sections 147, 148, 307 read with Section 149 of IPC was registered against the accused persons. During treatment, after about 40 days, deceased died on 05.12.2016 and the offence under Section 302 of IPC was added against the accused persons.