STATE OF U P Vs. HARNATH SINGH

JUDGEMENT

(1.) STATE has filed this: appeal against the acquittal of respondents on 17-12-1974 by Sri M. P. S. Tomar, learned II Additional Sessions Judge, Farrukhabad in Sessions Trial no. A 187 of 1974. Respondents were acquitted of the charges under sections 302/34 and 342/34 of the Indian Penal Code.

(2.) RESPONDENTS Harnath Singh and Shivnath Singh are own brothers, sons of Chuttu Singh Thakur, Man Phul is Jatav and Bansi is Kahar.

(3.) POTATO field of respondents Harnath Singh and Shivnath Singh lay towards south-west of their sitting room near the pond as shown in the site plan Ext. Ka. 14 by investigator Sri V. N. Sharma, PW 9, Harnath Singh and Shivnath Singh suspected the removal of some potatoes from this field by deceased prior to occurrence.