STATE OF U P Vs. ISHWARI

JUDGEMENT

(1.) -This is a Government appeal against the judgment and order of acquittal dated 1.8.1980, passed by Sri B. K. Misra, the then IIIrd Additional Sessions Judge, Shahjahanpur, in Session Trial No. 648 of 1978, acquitting the accused-respondents named above for the offences levelled against them under Section 302/147/148/149, I.P.C.

(2.) THE prosecution story briefly stated is as follows :

(3.) P.W. 5, Suraj Mal was working as S.O. Sehramau (North) till 26.7.78. He, however, left the charge of that police station on 26.7.78, but was present there on 27.7.78. He was present at the said police station when the dead body of the deceased was brought by his son Gajadhar at about 12.45 noon on 27.7.78. Since the headconstable present at the police station was not empowered to prepare the inquest, he prepared inquest report in respect of the dead body of the deceased and after preparing the inquest papers, he sent the same for post-mortem examination to Mortuary at Shahjahanpur through constable Santosh Kumar and Ram Swaroop. Further investigation was made by S.I. Bharat Singh who inspected the scene of occurrence on 29.7.78 and submitted a charge-sheet against the accused-respondents on 18.8.78. The accused-appellants were committed to stand trial before the Court of Session by Sri B. M. Joshi, the then Judicial Magistrate, Shahjahanpur, vide order dated 8.12.1978. After committal proceedings, the accused-appellants came up for trial before IIIrd Additional Sessions Judge, Shahjahanpur who framed charges against the accused-respondents Ishwari, Ram Swaroop, Bandho and Khayali under Section 147/302/323/149, I.P.C. and against accused-appellant Balak Ram under Section 148/302/323/149, I.P.C.