STATE OF UTTAR PRADESH Vs. MOOLEY

JUDGEMENT

(1.) This Government Appeal has been file against the accused Mooley and Om Pal alias Pali, both residents of Pabla, Police-station Incholi, district Meerut, who have been acquitted by the learned V Additional District and Sessions Judge, Meerut, under section 307, I.P.C. and accused Om pal under section 25 Arms Act by judgment dated 1.3.1979. It is also relevant to point out that another accused Ram Phal was also acquitted of the charge punishable under Indian Penal However, no appeal against the acquittal order passed in favour of co-accused Ram phal is before us.

(2.) Before going in to the details it is necessary to point out that the occurrence took place on 19.4.1977 at about 12 noon and the order of acquittal has been passed on 1.3.1979. The aforesaid Government Appeal No. 1774 of 1979 was admitted by this Court on 5.10.1979. We have heard learned counsel for the State and also Sri Ram Niwas Sharma, learned counsel for the accusedrespondents-Mooley and Om pal alias Pali at length.

(3.) It is also relevant to point out that there are five witnesses in the present case and one witness Kasim Ali has been procured on behalf of the defence as D.W. 1. P.W. 1, Baboo Ram and his brother P.W. 2, Ram Saran Das, are injured eye witnesses P.W.1, Baboo Ram, was aged about 87 years and P.W. 2, Ram Saran Das, was aged about 55 years at the time of their depositions: There is another eye witness. P.W. 3, Saghir Ahmad, P.W. 4, Jagat Singh is Investigating Officer and P. W. 5, Dr. G.D. Sharma is Medical Officer. It is averred that both the respondents. Mooley and Om pal alias Pali were armed with pharsas. In addition, accused Om Pal alias Pali was also armed with revolver. It is also relevant to point out that accused Om Pal alias Pali was aged about 35 years. According to P.W. 1, Baboo Ram, he knew accused Mooley. Om Pal alias Pali and Ram Phal from before the present occurrence.