STATE OF U P Vs. BAIJU TIWARI

JUDGEMENT

(1.) Heard Sri D.I. Faridi, learned A.G.A. for the appellant, Sri G.S. Chaturvedi, senior counsel assisted by Sri Samit Gopal appearing for the accused respondents and perused the record.

(2.) In session trial no. 261 of 1980, Baiju Tewari, Kishun Tewari, Vijayee Tewari and Ram Janam Tiwari, were charged and tried for the offence punishable under section 302 read with section 34 IPC and 323/34 IPC. Accused Ram Janam Tiwari was further charged under section 302 IPC, for committing murder of Guddar Chaubey and causing injuries to Duryodhan and Bharat Chaubey on 25.5.1980 at 2 P.M. in village Ori, Police station Adalhat, district Mirzapur.

(3.) By the impugned judgment and order dated 7.10.1982, the trial court has acquitted accused Ram Janam Tewari and Baiju Tewari of the charge punishable under section 302 and 302/34 IPC whereas accused Vijayee Tewari and Kishun Tewari have been convicted under section 323/34 IPC and sentenced to undergo six months' RI thereunder.