STATE OF U P Vs. BECHAN

JUDGEMENT

(1.) THIS appeal unden section 378 of the CrPC has been filed by the State against a judgment and order dated 25-8-1977 of the II Additional Sessions Judge, Allahabad acquitting the two accused of the charge under section 396 IPC.

(2.) ACCUSED-opposite party Afaq died during the pendency of this appeal and vide order dated 25-3-1991 of the order-sheet, appeal of the said accused-opposite party has been held to have been atabed. Now, in this appeal we are concerned only with accused opposite party Bechan.

(3.) A written report regarding the incident was lodged by Bhagwati Prasad at Police Station at 6.30 A.M. on 16-7-75 and investigation was started by the Investigation Officer. S.I. Malkhan Singh. The two injured were sent for medical examination. Babboo was found to have four blunt weapon injuries and Ram Chandra had two gun shot and one blunt object injuries. Inquest of the dead body of Raj Mani was made and it was sent for post mortem examination which was conducted on 17-7--1975. Death was found to have been caused due to multiple gun shot injuries. The Investigating Officer prepared site plan of the place of occurrence and also took into possession empty cartridges and blood from the spot and prepared memos of the torches of the informant and the witnesses.