STATE OF U P Vs. MAHENDRA

JUDGEMENT

(1.) THIS Government appeal has been filed against the judgment and order of acquittal dated 22.1.1985 passed by the Sessions Judge, Mathura in Sessions Trial No.65 of 1984 "State Vs. Mahendra and three others", P.S. Baldeo, Sub -district Sadabad, District Mathura, under Section 302 read with Section 34 I.P.C. By the impugned judgment and order, the Sessions Judge, Mathura has convicted one accused Chokhey, under Section 302 I.P.C. and sentenced him to life imprisonment and all the rest three accused charged with charges under Section 302 read with Section 34 I.P.C. were acquitted of the charges framed against them.

(2.) THE brief facts relating to this appeal are that Maharaj Singh lodged an F.I.R. at 4:30 p.m. in P.S. Baldeo, Mathura with the allegations that:

(3.) AFTER completion of investigation, charge -sheet was filed against all the accused and case was committed to sessions and on 16.5.1984 the Sessions Judge, Mathura framed charge under Section 302 I.P.C. against accused Chokhey and under Section 302 I.P.C. read with Section 34 of I.P.C. against all the rest accused. The accused pleaded not guilty and demanded trial."