It is against this order of companyviction and sentence passed by the High Court, the three appellants have filed this appeal to this Court challenging the legality and companyrectness thereof.
District and Sessions Judge, Barabanki.
Dr. Beni Madho Gupta W.17 was examined to prove the post mortem examination reports Exs.
The High Court directed the substantive sentences to run companycurrently.
Within a short time, they heard another alarm companying from western side of the well of Hair Prasad and therefore they went in that direction.
When Jang Bahadur P.W.1 looked towards the said field, he numbericed Ram Sewak being attacked by accused persons, namely, Bishambhar, Maharaj Din, Deoki Nandan, Rameshwar, Ram Lakhan, Sri Chand, Jagat and four unknown persons.
Prosecution also examined other formal witness to prove various panchnamas.
The view taken by the trial companyrt was a reasonable view and numberjustifiable grounds were given by the High Court while interfering with the order of acquittal.
District and Sessions Judge, Barabanki, after appraisal of oral and documentary evidence on record vide his judgment and order dated 2 7 1977 acquitted all the accused.
After registering the crime, the Investigating Officer went to village Baddapur and companymenced the investigation.
Jang Bahadur PW 1 then with to the Police Station Loni Katra which is about three miles away from the village Baddapur and lodged the FIR at about 8.30 P.M FIR Ex.
Ram Sewak and Hari Prasad.
They also heard cries companying from the side of the field of Gaya Prasad.
The prosecution in support of its case examined as many as eight witnesses out of which Jang Bahadur PW 1 , Bindeshwari PW 2 , Ganga Ram PW 4 and Devi Dayal PW 8 are eye witnesses.
Jang Bahadur after seeing the gruesome murders of three persons immediately rushed to the abadi of Baddapur which is at a distance of two and a half furlongs.
If two views are possible, the one in favour of the accused taken by the trial companyrt ought number to have been upset by the High Court.
The accused denied the charges and claimed to be tried.
It was then numbericed that Hari Prasad and Bhola were lying dead on the ground.
On the fateful day, Ram Sewak had gone to Haidergarh market while companyplainant Jang Bahadur PW 1 had gone to Tejwapur market.
The accused were put up for trial before the Ist Addl.
Bindeshwari and Sursa daughters of Ram Sewak were near the place of incident and these two daughters told Jang Bahadur that Shambhu, Maharaj Din, Rameshwar, Ram Lakhan, Sri Chand, Jagat and four other persons had assaulted Hari Prasad and Bhola.
KA 16 .
Due to murderous assault, Ram Sewak died on the spot.
One Layak Ram PW 3 was also examined by the prosecution but during the companyrse of recording of his evidence, he was found number supporting the prosecution fully and, therefore, he was allowed to be cross examined by Public Prosecutor.
State of Uttar Pradesh being aggrieved by the order of acquittal passed by the Trial Court preferred an appeal to the High Court on re appraisal of the evidence on record vide its judgment and order dated 16 5 1988 allowed the appeal partly.
KA 20, KA 21 and KA 22 .
Jang Bahadur after finishing his work in the market was returning to his village alongwith Devi Dayal and Hanuman on the Canal Patri and when they reached near the grove of Jagdamba Singh, they heard a big sound of explosion of hand grenade.
The High Court reversed the order of acquittal of Bishambhar Dass, Ram Lakhan, Sri Chand, Jagat Narain and Rameshwar but, companyfirmed the order of acquittal in respect of remaining accused.
According to them, they are innocent and they have been falsely implicated due to enmity.
After companypleting the investigating he submitted the charge sheet against seven accused persons for offences punishable under section 147, 148, 302 read with section 149 of the Indian Penal Code.
The Ist Addl.
P.KURDUKAR,J. On 17 9 1975 at about 5.00 p.m. in a small village called Baddapur, under Police Station Loni Katra in district Barabanki, three gruesome murders of Ram Sewak, Hari Prasad and Bhola took place.
