STATE OF U P Vs. ANIS

JUDGEMENT

(1.) THIS is an appeal under section 378 Cr. P.C. filed by the State of Uttar Pradesh against the judgment and order dated 28.3.1978 passed by the 1st Addl. Sessions Judge, Banda whereby he has acquitted Anis, Sardar, Khalil, Guffar and Sunder Lal under sections 148, 307 and 302 I.P.C. read with section 149 of the I.P.C.

(2.) THE prosecution case started on the basis of a written F.I.R. lodged by Sri Khalik Khan, P.W.1 at P.B. Mataundh, district Banda at 7.30 P.M. He has alleged that the deceased Ahmad Khan was his brother. He along with the deceased had gone to the fields situate in village Pachpahra. After seeing the fields they were returning home. It was about

(3.) ON the spot, he recovered blood -stained and ordinary earth and sealed them and prepared the memos for the same. A pant and pair of shoes, belonging to the deceased, were also recovered from the spot. They were sealed and a memo was prepared for the same. One fired catridge and a lathi were also recovered from the spot. Search for the accused continued. Their houses were raided but they could not be arrested. At a later stage they appeared in the court.