STATE OF U P Vs. ONKAR NATH KHANNA

JUDGEMENT

(1.) STATE of U. P. has filed this appeal against judgment and order dated 13-8-1981 passed in Sessions Trial No. 311 of 1979 by the then IV Addl. Sessions Judge, Shahjahanpur. The accused-respondents were tried and acquitted under Section 307 read with Section 34 I. P. C.

(2.) WE have heard Sri S. K. Paul, learned A. G. A. for the State and Sri Amar Saran, learned counsel for the accused-respondents, and have perused the record.

(3.) P. W. 1, Jagdish Prasad Khanna and P. W. 2, Prayag Narain are the two injured. P. W. 3, Sanjay Khanna is scribe of the written report and he also claims to be an eye witness. Apart from them, Hakim Singh, P. W. 4, Dr. Satya Pal, P. W. 5 and the Investigating Officer, Chhutanna Singh, P. W. 6, have been examined by the prosecution. The trial Court found that there is difference regarding the place of occurrence. The First Information Report has been anti timed. The prosecution witnesses are interested witnesses. There is no independent corroboration by any witness although the witnesses were available. The trial Court held that the defence version is more probable. On these findings, accused respondents have been acquitted. Feeling aggrieved, the State of U. P. has come up in appeal.