STATE OF U P Vs. VIDYARTHI

JUDGEMENT

(1.) We have heard Ms. Usha Kiran, learned A.G.A. for the appellant-State, Sri Santosh Kumar Mishra, appearing for accused-respondent No. 4, Sri Janaradan Yadav, representing accused-respondents No. 2, 5 and 6. Perused the record. Since accused-respondents Vidhyarthi and Vindhyachal are reported to have died, the State appeal filed against them stands abated. This is an appeal preferred by the appellant-State of U.P. under section 378(3) Cr.P.C. against the judgment and order dated 7.8.1981 passed by Sessions Judge, Deoria in Sessions Trial No. 345 of 1978, whereby respondents-accused namely Vidyarthi, Vishwanath, Vindhyachal, Jagarnath, Shyam Baran and Chandrapati were acquitted of the charges under section 147, 307/149 and 323/149 I.P.C.

(2.) The impugned judgment and order has been assailed on the grounds, that it is against the weight of evidence on record; that prosecution case stands fully corroborated by the oral and medical evidence on record; that the report was lodged with all promptness and was not supposed to contain every details of the incident; that admittedly the complainant had suffered grievous injury and merely because other injuries were described by the doctor as simple, it does not take away the gravity of the offence; that the opinion of the doctor was not final and the view taken by the Court below that offence under section 307 I.P.C. was not made out, is wholly erroneous.

(3.) The prosecution case as culled out from record is that on 24.1.1976 at about 8.00 P.M. all the accused persons and their companion Ram Adhar (since deceased) lay in ambush near the Culvert to the east of Gaura Chauraha, in a field on the eastern side. As soon as the informant who was returning to his village reached at the place of occurrence, riding on his bicycle with Mussarraf (the only other injured of this case, besides informant), all the accused persons and their companion came out from their hiding places in the field and attacked the informant and Mussarraf by means of lathi, along with spears and steel pipes. On hearing their hue and cry, the witnesses arrived there and are said to have intervened upon which the accused and their companions ran away who were recognized in the light of the torches of the witnesses.