STATE Vs. MOHAN LAL

JUDGEMENT

(1.) THIS government appeal has been filed by the State against the judgment and order dated 12.1.1984 passed by Additional Sessions Judge, Saharanpur, acquitting the accused persons from charges under Section 307 read with Section 34 I.P.C., P.S. Jwalapur, District Saharanpur in Case Crime No.252 of 1980.

(2.) THE brief facts relating to the appeal are that first informant Shivraj Singh lodged a report on 1.5.1980 at about 07:30 a.m. in P.S. Jwalapur sub -district Rurkee, District Saharanpur with the allegations that:

(3.) ON this information, Case Crime No.252 of 1980 was registered against the four accused persons under Sections 332 and 307 I.P.C. and after committal of case to the sessions, charges under Sections 307/34 I.P.C. were framed against all the four accused. In order to prove its case, the prosecution apart from documentary evidence produced Constable Shivraj Singh as P.W. -1, Constable Dhiraj Singh as P.W. -2, independent eye witness Shobha Ram as P.W. -3, doctor who prepared the medical examination reports of two constables, Dr. S.C. Singhal as P.W. -4 and I.O. Laxmi Narayan Sharma as P.W. -5. After completion of prosecution evidence, and recording statements of accused persons under Section 313 Cr.P.C. opportunity was given and Atar Singh was examined as D.W. -1 in defence evidence. After hearing learned counsel for the parties, learned additional sessions judge analysing the evidence on record disbelieved the prosecution story as well as evidence of witnesses, and acquitted the accused persons from charges under Sections 307 read with Section 34 I.P.C.