STATE OF U P Vs. TRIBHAWAN

JUDGEMENT

(1.) This Government Appeal has been filed by the State against the accquittal of respondents Tribhawan and others under section 396, I.P.C. in Sessions Trial No. 178 of 1978 passed by the First Additional Sessions Judge, Ghazipur, on 10/4/1979.

(2.) A dacoity is said to have been committed in the house of Marihar Singh in village Banwar, P.S. Shadiabad, District Ghazipur on 13/3/1977 at 7 p.m. in which Kapildeo Singh and Subedar Singh had died.

(3.) It is said that Harihar Singh son of Ram Lagan Singh had enmity with Tribhawan Singh and, therefore, he master-minded the assault along with the rest of the respondents who belonged to his party and committed the said offence along with five or six unknown miscreants. It is said that respondent Tribhawan and Ram Krit of the Kunwan village itself, Vishwanath, Bhagwan Singh and Vijai Singh of different districts committed this crime.