DEENA NATH Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This appeal arises out of judgment and order dated 17-3-1979 passed by the then IXth Addl. Sessions Judge, Bareilly in S. T. No. 91 of 1977 of that district, State v. Deena Nath and six others.

(2.) DEENA Nath and Raja Ram were held guilty on a charge under Sec tion 307, IPC and ordered to suffer R. I. for a period of 5 years. Chhadami and Munna Lal were held guilty on a charge under Section 307/34, IPC and ordered to suffer R. I. for a period of 4 years. Accused Sita Ram and Dal Chand were found not guilty of any charges levelled against them and they were accordingly acquitted.

(3.) IN this view of the matter, this Court is not in a position to evaluate the evidence in this case after going 'through it. Under these circumstances, the only option left to this Court is to allow this appeal and set aside the order of conviction and sentence.