SADHO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard the learned counsel for the accused- appellant Sri Santosh Shukla and the learned A.G.A. and also perused the materials on record.

(2.) THIS appeal has been brought against the judgment and order dated 3.4.1982 passed by IVth Addl. Sessions Judge, Etah in S.T. No. 295 of 1981. State v. Sadho Singh and others, whereby holding the accused- appellant S/Sri Sadho Singh and Raja Singh to be guilty for the offences under Section 304, Part II read with Section 34, I.P.C. and sentencing them to undergo seven years rigorous imprisonment. Further they were also convicted for the offence under Section 321 read with Section 34, I.P.C. and sentencing them to undergo two years imprisonment and a fine of Rs. 2,000. Out of the recovered amount Rs. 500 each was to be paid separately to the injured Sri Santan Singh and Sri Budh Singh and Rs. 2,000 would be paid to the heirs of the deceased Sri Jawan Singh. Two accused S/Sri Prem Singh and Raj Bahadur were acquitted. It is said that the trial court has not properly appreciated the evidence and materials on record. In this case both the sides sustained injures and no reasonable explanation has come with regard to the injuries sustained by the accused-appellant Sri Raja Singh. Further it has also been argued that the original record of the case has since been lost and so in the absence of the entire evidence the disposal of this appeal cannot possibly be made and the accused-appellants on that court deserve acquittal.