STATE OF UTTAR PRADESH Vs. PREM PAL

JUDGEMENT

(1.) This Government appeal is directed against the judgment and order dated 23-5-90 passed by the III Addl. Sessions Judge, Etah, acquitting the opposite parties-accused Prem Pal and 4 others in S.T.No. 767 of 1979 under Sections 147, 148, 302/149, 307/149, 325/149 and 320, I.P.C.

(2.) Shri K.C.Saxena, Addl. Government Advocate argued the appeal specifically raising the submission that the acquittal of the accused persons is not justified at all. From the evidence on record, the trial Court committed a manifest error in not placing reliance on the evidence of the prosecution which proved the prosecution case against the accused persons beyond reasonable doubt. The occular testimony of the witnesses is in no way contradict the medical evidence. The submissions of the learned A.G.A.necessitated him to place the entire evidence before the Court.

(3.) According to the prosecution, informant-complainant Daulat Pal Singh lodged a report at P.S.Jalesar at. 11.20 a.m. on 4/07/1979 alleging that the accused persons by forming an unlawful assembly armed with gun, country/made pistol and lathis, assaulted and inflicted injuries to the informant thereby committed offences under Sections 147, 148, 323 and 307, I.P.C.