STATE OF U P Vs. HARI SHANKER

JUDGEMENT

(1.) B. L. Loomba, J. This is a State appeal against the judgment and order dated 16-2-1978 of the then IIIrd Additional Sessions Judge, J Barabanki where by benefit of doubt was extended in favour of the respondents and they were acquitted of the charges against them. One of the respondents, namely, respondent No. 19 Shiv Bux has since died.

(2.) THE respondents faced trial for the offences punishable under Section 302, 326, 325, 323, 452, read with Section 149 of the Indian Penal code.

(3.) VIRENDRA Pratap Singh, PW 10 Station Officer of the police station was present at the time when the first information report was lodged and the case was registered and along with the police force he is said to have imme diately left for Safdarganj crossing. The inquest proceedings were duly taken and the dead body was despatched to the District Hospital for post-mortem examination. After interrogation of the complainant and injured persons the Investigating Officer sent the injured Krishna Kumar, Nirmal Kumar and Ashok Kumar to the District Hospital Barabanki for medical examination and treatment of their injuries. Smt. Dashrath Dei who was advised by the members of the family to go to her house was sent for medical examination on the next day.