STATE OF U.P. Vs. KARAN SINGH

JUDGEMENT

(1.) We have heard Ms. Puruhuta Lodha, Shri Vijay and Shri Prem Shanker Prasad, learned A.G.A. for the State-appellant, Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Ajatshatru Pandey, learned counsel for the respondents, and perused the record.

(2.) The instant Government Appeal has been preferred against the judgment and order dtd. 13/9/1990 passed by learned Special/Additional Sessions Judge, Mathura in Sessions Trial No. 225 of 1998, titled as State v. Karan Singh and others, arising out of Case Crime No. 276 of 1987, under Ss. 147, 148, 307, 302 IPC read with Sec. 149 IPC; and Sessions Trial No. 226 of 1988 titled as State v. Kunwar Singh and others, arising out of Case Crime Nos.277 of 1987, 278 of 1987 and 279 of 1987, under Ss. 25 and 4/25 of Arms Act respectively, both the cases registered at Police Station Kosi Kalan, District Mathura, in which the accused, namely, Karan Singh, Har Gulab, Padam Singh, Fateh Singh, Kunwar Singh and Lakhmi Singh have been acquitted from the charges of Ss. 148, 302/149 and 307/149 IPC, whereas the accused, namely, Tara Chand, Virendra Singh, Mahendra Singh, Teji, Shiv Singh and Lal Singh have been acquitted from the charges framed under Ss. 147, 302/149 and 307/149 IPC, and further the accused Lakhmi Singh, Fateh Singh and Kunwar Singh have been acquitted from the charge framed under Sec. 25 Arms Act.

(3.) Aggrieved by the acquittal of all the 12 accused, namely, Karan Singh, Har Gulab, Padam Singh, Fateh Singh, Kunwar Singh, Lakhmi Singh, Tara Chand, Virendra Singh, Mahendra Singh, Teji, Shiv Singh and Lal Singh, the State-appellant has preferred the instant appeal challenging the order of acquittal qua the aforesaid accused persons.