STATE OF U P Vs. BENI DIN

JUDGEMENT

(1.) -This appeal has been preferred by the State against the order of acquittal passed by Sri V. K. Sirkar, the then Vth Additional Sessions Judge, Allahabad on 29.11.1980 in respect of seven respondents in S.T. No. 200 of 1978. Five of them faced trial for rioting under Section 147, I.P.C. while the remaining two were charged under Section 148, I.P.C. All of them were further charged under Sections 307, 324 and 323, I.P.C. each read with Section 149, I.P.C.

(2.) THE genesis of the prosecution case was the F.I.R. lodged at the concerned police station by Pitambar Lal P.W. 1 on 4.10.1976 at 00.10 a.m. THE incident had taken place the same night at 9.30 p.m. in front of Raghu Nath's house in village Malak Chaudhari, Police Station Soraon, district Allahabad, the distance of which from the police station was about four miles.

(3.) THE defence was of false implication on account of previous enmity. THE accused-respondents also examined Dr. P. L. Nigam as D.W. 1 for proving the injuries of Lok Nath.