STATE OF UTTAR PRADESH Vs. HARI PRASAD

JUDGEMENT

(1.) This is an appeal preferred by the State of U.P. impugning therein the judgment and order recorded by Special Judge/Additional Sessions Judge, Azamgarh in S.T. No. 229 of 1981 wherein the learned Additional Sessions Judge held the respondents not guilty and purged them of the charges under Section 302/149/307/ 149 I.P.C. and 148 I.P.C.

(2.) Before dwelling on the prosecution case it would be useful to delineate certain facts intertwined with the fate of this appeal. This case had come up for leave to file appeal and for admission of the appeal filed by the State on 20-5-1987 and the same day, the case having been heard on merit, the leave to appeal was refused and the appeal preferred by the State was dismissed. Aggrieved by the order of this Court on the premise of not recording the reasons, the State went up in appeal before the Hon. Supreme Court. Hon. Supreme Court vide its order dated 16th Oct 1989 remanded the case back to this Court for disposal in accordance with law observing therein that the High Court had committed serious error in dismissing the appeal without stating any reasons.

(3.) I have heard the learned counsel for the State afresh vis-a-vis the findings recorded by the trial court in its judgment referred to supra.