STATE OF U.P. Vs. MAHENDRA

JUDGEMENT

(1.) The present Government Appeal has been filed by State against the judgment and order dated 26.6.1984 passed by the Ist Additional Sessions Judge, Meerut in S.T. No.275 of 1983, State Vs. Mahendra and others, by which the accused respondents have been acquitted by the trial Court for the offence under Sections 436 & 302/34 I.P.C.

(2.) Accused respondent No.4 Faqir Chand has died during the pendency of the appeal, and it has already been abated against him vide Court's order dated 4.4.2012.

(3.) The prosecution case in nutshell is that about 20 days prior to the occurrence, brick bats were being thrown in the house of one Moti which were coming from the direction of 'Bakhar' of accused Mahendra. Moti requested accused Mahendra to refrain from the act. Subhash also intervened in the matter and asked Mahendra that in case he comes to know that someone else was doing it, then to prevent him from throwing brick bats. However, accused Mahendra reiterated that he was a Government servant and they cannot do anything and he would see that they are set right.