STATE OF U.P. Vs. SOHAN LAL

JUDGEMENT

(1.) Appellant State has come up in this appeal, U/S 378 Cr.P.C., challenging impugned judgement of acquittal of respondents accused Sohan Lal, Sita Ram, Shiv Kumar, Rameshwar and Braham Singh of charges Ss 147,148,307/149, 302/149 I.P.C. P.S. Muradnagar, District Ghaziabad, date 30.4.1979, recorded by Sessions Judge, Ghaziabad in Sessions Trial No. 49 of 1978, State Vs. Sohan Lal and four others. Aforesaid impugned judgement and order has also been questioned by the informant Devendra Kumar, son of Hari Ram Tyagi, by preferring tagged up Criminal Revision No. 1238 of 1979, Devendra Kumar versus Sohal Lal and others. Since in both the proceedings same impugned judgment and order is under examination, consequently both proceedings were clubbed and heard together and are being disposed of by this common judgment.

(2.) Before adverting to the merits of the matter, at the very outset, we record that albeit appeal and connected revision were filed and admitted against all the five above named accused/respondents but interregnum final outcome of aforesaid appeal and revision rest of the accused respondents except respondent accused no.1 Sohan Lal, have died and consequently we have to consider acquittal of sole surviving respondent accused no.1 Sohal Lal and thus this ordered is confined in his respect only.

(3.) In support of the appeal we have heard Sri Rama Shankar Yadav, learned AGA, for appellant State, Sri R.K. Shukla, learned counsel for surviving accused-respondent and Sri P.C. Srivastava, learned Amicus Curiae for the informant.