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

JUDGEMENT

(1.) THE present application has been filed for grant of leave to file the appeal against the judgment and order dated 27.08.2004 passed by learned Special Judge (E.C. Act) in S.T. No. 710 of 2001, connected with Sessions trial No. 178 of 2003 and Sessions trial No. 178 -A/03, in case crime No. 22/01 for offence under Sections 147, 148, 149, 307, 332, 353, 336, 504 and 506 IPC and Section 7 of the Criminal Law Amendment Act and Section 3/5 of the Explosive Substance Act, P.S. Bekanganj, District Kanpur Nagar.

(2.) BRIEFLY stated the facts of the prosecution case were that the S.O., P.S. Bekanganj, Kanpur Nagar received information on 17.03.2001 at 4:00 pm that a mob of unknown persons have surrounded the police station Bekanganj and they are destroying the public property and also attacking by fire -arms and also throwing bricks and stones. On this information, S.O. proceeded to the spot and found that the mob had surrounded the police station and were firing and throwing brick bats and stones and hurling bombs. In the said attack two Constables namely, Cheda Lal and Rajaram Dohre sustained injuries and they were medically examined.

(3.) WE have heard the learned A.G.A. and have also perused the record as well as the judgment passed by the learned Lower Court.