STATE OF U P Vs. BISHAMBHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of Second Additional Sessions Judge Mirzapur acquitting the respondents of the charges under section 307 read with section 34 of I.P.C.

(2.) The occurrence had allegedly taken place in this case near the bamboo clump situated near the house of Yadunath in village Mishirdhap P.S. Chilha district Mirzapur. In the First Information. Report lodged at 5.05 p.m. in the aforesaid police station the reporter Balram P.W. 1 had stated that at about 8 P.M. Dharmpal P. W. 2 had gone to the house of Yadunath P.W. 6 in connection with the marriage. At that time he had gone to ease near the bamboo elum. At that time Bishambhar, Mahendra, Sajawal and Brahmohari surrounded him. Mahendra was armed with a Gandasa and the others were armed with Lathis. They assaulted Dharmpal. On hearing the groans of Dharmpal witnesses had arrived. On their arrival the miscreants ran away.

(3.) After the occurrence the reporter went to the police station alongwith injured and lodged a report. The injured was sent to the district hospital Mirzapur. He was examined at 9.45 P.M. on the very date of occurrence. One lacerated wound was found on the head near the right eye brow. One lacerated wound was found on the left side of chest and other on the left arm. One brusine was found on the right side chest and another on the right forearm. The investigation had been done by P.W. 5 Ram Priti Ram and P.W. 9 Brij Bhushan.