LAWS(ALL)-2003-9-76

STATE OF U P Vs. RAGHUBIR ALIAS MUNNU

Decided On September 15, 2003
STATE OF UTTAR PRADESH Appellant
V/S
RAGHUBIR ALIAS MUNNU Respondents

JUDGEMENT

(1.) ONKARESHWAR Bhatt, J. State of U. P. has filed this appeal against judgment and order dated 27-8-1980 passed in Sessions Trial No. 295 of 1979 by the then 1st. Addl. Sessions Judge, Farrukhabad whereby the accused respondents, Raghubir alias Munnu, Janardan, Siya Ram and Ram Singh have been acquitted of the charges under Sections 148, 307 and 307/149 I. P. C.

(2.) LEARNED A. G. A. appearing for the State and Sri V. C. Katiyar, learned counsel appearing for the accused respondents have been heard.

(3.) INFORMANT, Suresh Chand, PW 1 has admitted that prior to his proceeding to police station for lodging the report he had a talk with his colleagues regarding the incident. This shows that version given in the written report was not spontaneous and if was an outcome of deliberation and consultation. This feature detracts the value of the F. I. R.