PRATAP Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against judgment and order dated 12.4.1983 passed by Special Judge, EC Act, Etah in Sessions Trial No.420 of 1982 State vs. Saddiq,- case crime no.424 of 1981 under sections 148, 307/149 and 302/149 I.P.C. P.S. Kasganj, district Etah convicting 3 for the offences u/s 148, 307/149 & 302/149 I.P.C. and acquitting rest 3 out of 6 accused.

(2.) Feeling aggrieved the convicted accused persons have preferred this appeal, while no appeal is reported to have been filed by State, first informant or any of the victim against the acquittal part of order in respect of other 3 accused.

(3.) Brief facts relating to the case are that on 28.5.1981 first informant Suleman submitted a Tehrir/written report scribed by Ram Singh, at P.S. Kasganj, district Etah upon which F.I.R. was lodged against 7 accused persons at case crime no.424 of 1981 under sections 147, 148, 149, 302 and 307 I.P.C. The occurrence in question is alleged to have occurred in the midnight of 27/28.5.1981 of which F.I.R. has been lodged the next morning at 7.10 a.m. in P.S. Kasganj at a distance of 7 miles.