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

JUDGEMENT

(1.) THE then IVth Addl. Sessions Judge, Varanasi convictged the accused Mittan alias Mita Ram and Panna on a charge under Section 147, IPC and sentenced them to undergo 6 months R.I. Accused Kashi, Ram Dhani, Badri and Algu were convicted once charge under Section 148, IPC and sentenced to undergo 2 years' R.L All the aforesaid six accused were further sentenced to undergo 5 years' R.I. on a charge under Section 307/149, IPC. All the sentences were ordered to run concurrent­ly. The aforesaid judgment was delivered in S.T. No. 193/78 of Distt. Varanasi - State v. Mittan and others relating to PS. Mirzamurad, Distt. Varanasi.

(2.) PROSECUTION case started on the basis of a written F.I.R. made by Kallo Ram at P.S. Mirzamurad, Distt. Varanasi on 2.5.76 at 12.15 p.m. the incident is said to have taken place in the night of 1/2-5-76 around midnight. The distance of the police station is 5 miles.

(3.) ON the basis of the written information conveyed by the complainant, chik and G.D. entries were made by Constable Prabhu Nath Singh, P.W. 7. Constable Ram Vilas Pandey, P.W. 6 was also present. It appears that the police did not take interest. Therefore, the complainant made an application to the S.S.P. on 10.5.76 and on his orders, the investigation in the case took place.