STATE OF U P Vs. DALER SINGH

JUDGEMENT

(1.) THE State Government has preferred this appeal against the judgment and order of acquittal dated 11-2-78 passed by Sri L. R. Kohli, the then 1st Additional Sessions Judge, Nainital at Kashipur, acquitting the appellants under sections 147, 148, 302/19, 307/149, 201 and 394 IPC.

(2.) THE prosecution case, in brief, is that on 2nd October, 1975 at about 5 P.M. on account of enmity these respondents of whom Daler Singh and Lakhbir Singh were armed with Kantas, Charan Singh with a Barchhi and remaining respondents with lathis. Finding I rider Singh alone they attacked him and thereafter on hearing his cries his father Sardar Singh, Kartar Singh and Yogendra Singh also reached. THEy were also attacked and as a result of the injuries Sardar Singh and Kartar Singh died on the spot, while Inder Singh and Jogender Singh received injuries. A written report of the occurrence was submitted on the following day, i.e. 3rd October, 1975 at 7.15 A.M. at police station Sitar Ganj at a distance of 8 1/2 miles from the place of occurrence on the basis of which a case was registered. THE Investigating Officer arrived at the scene of occurrence. After preparing the inquest report he sent the dead bodies for postmortem and the injured for medical examination.

(3.) THE version of the accused-respondent was that they have been falsely implicated due to enmity. THEy examined only one witness in defence, namely DW 1 Dharam Singh who proved the application Ext. Ka 7 bearing the signature of Balwant Singh accused also. After considering the entire evidence on record the learned Sessions Judge found that the prosecution failed to bring home guilt to the accused-respondent, hence he acquitted all of them of the charges framed against them. On being aggrieved, the State has pre- ferred this appeal.