LATURI Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an appeal against the judgment and order dated 12-2-1982 passed by Sri V. S. Kulshrestha, then II Addl. Sessions Judge, Aligarh in Sessions Trial No. 36 of 1980, State v. Laturi.

(2.) THE facts relevant for disposal of this appeal are that on 24- 4-1979 a First Information Report was registered at police station Atrauli District Aligarh on the dictation of Sri Indrajeet Sharma, Station Officer of Police Station Atrauli against accused Chandra Pal, Laturi, Bhudeo and Daya Ram under Sections 147, 148, 149, 307 I. P. C. and Section 25, Arms Act, in respect of an incident which had allegedly taken place on 24-4- 1979 at 3. 30 a. m. THE allegations against accused were that they had fired at the police party and on search one factory made single barrel gun, and four live cartridges were recovered from Chandra Pal, one country made pistol and three live cartridges were recovered from Laturi and one country made pistol and three cartridges were recovered from Bhudeo. Accused Daya Ram was not arrested on the spot.

(3.) HEARD learned Counsel for the appellant and learned A. G. A. for the State.