SHYAM BEHARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Ms. Sakshi Kesarwani and Smt. Manju Thakur, learned Amicus Curiae for the appellant, learned AGA for the State/respondent and perused the material available on record.

(2.) The present criminal appeal has been filed by the appellant Shyam Behari against the judgment and order dated 14.06.1983 passed by 3rd Additional Sessions Judge, Shahjahanpur in Session Trial No. 682 of 1982 connected with Session Trial No. 683 of 1982, State Vs. Shyam Behari, convicting the accused under Sections 302 IPC and 307 IPC and sentencing him to imprisonment for life and two years R.I. respectively.

(3.) Learned Amicus Curiae for the appellant states that the appellant has been acquitted under Section 25 of the Arms Act vide order dated 106.198 She contends that the FIR of the alleged incident was lodged on 17.06.1982 at 4:45 AM under Section 324 IPC at Police Station Sadar Bazar, District Shahjahanpur alleging that at about 3:30 AM, appellant assaulted the informant Babu Ram and his wife Ram Kumari by a knife and on hue and cry being raised, Ravindra Kumar and Mahendra Pal came to the spot and saved them and in that process, the appellant ran away with the weapon of assault.