STATE OF U P Vs. NAUBAT

JUDGEMENT

(1.) This Government Appeal No. 459 of 1984 under Section 378 Cr.P.C. has been filed by State of U.P. Against the impugned judgment and order dated 26.10.1983 passed by learned Special Judge (E.C. Act) Etah in Session Trial No.- 115 of 1982 State of U.P. Vs. Naubat and five others (Crime No. 160 of 1981) under Section 147, 148, 307/149 I.P.C., P.S.- Soron, District- Etah whereby learned trial court has acquitted all the six respondents from the charge of offences punishable under Sections 147, 148 and 307/149 I.P.C.

(2.) The impugned judgment and order has been challenged on the ground that it is against the weight of evidence on record and is against the law and facts of the case. Prosecution version was more probable and the accused were aggressor. The grievous injuries sustained at accused side is manipulated injuries. The absence of injury on the person of first informant Lakhan Singh does not establish the fact that he was not present on the spot and at any rate the judgment is perverse.

(3.) We have heard Sri D.I. Fairid learned A.G.A. and Sri B.D. Agarwal learned counsel for the respondents. Perused the record.