STATE OF U.P. Vs. RAJBIR AND ORS.

JUDGEMENT

(1.) Both these appeals arise out of judgment and order dated 21.10.1983 passed in S.T. No. 208 of 1983, State Vs. Rajvir and others, by which IIIrd Additional Sessions Judge, Etah has acquitted all the accused respondents of the charges punishable under section 148,302/149,201,307/149 IPC. Accused Ram Pal, Puttu, Ram Swarup and Rustam Singh have been convicted under section 364 IPC and sentenced to seven years' R.I. thereunder.

(2.) State of U.P. has preferred Govt. Appeal No. 334 of 1984 challenging acquittal of the accused persons under section 148,302/149,201,307/149 IPC whereas accused Ram Pal, Puttu, Ram Swarup and Rustam Singh have filed Criminal Appeal no. 2545 of 1983 against their conviction and sentence under section 364 IPC.

(3.) We have heard Mrs. Usha Kiran, learned A.G.A. for the appellant-State and Sri V.P. Srivastava, learned senior counsel assisted by Sri Ranjay Kumar for the accused respondents and perused the record.