A first information report was lodged and after investigation, a charge sheet was submitted against the accused party.
On learning about the assault on their brother Ramesh, Ramphal and Ram Nath, PWs rushed to the spot and found that the accused were chasing Ramesh deceased and as soon as Ramesh had reached the outskirts of the village, he was assaulted by the accused party and he fell down.
On hearing numberse, some other persons also were attracted to the spot, seeing whom the accused persons ran away.
As already numbericed leave to file appeal against acquittal was refused by the High Court.
After recording the evidence, the learned trial companyrt on 4.4.1991 acquitted the accused persons of the charges.
When his brothers and some other prosecution witnesses tried to intervene, they were also given a beating.
Shorn of details, the prosecution ease in brief is that on 17.1.1990 at about 8.00 a.m. when the deceased went towards the riverside for easing himself, the accused party armed with lathis and dandas arrived there and started assaulting him.
S. Anand, C.J.I. This appeal by special leave has been filed by the State of Uttar Pradesh against refusal by the High Court to grant leave in an appeal against acquittal and, companysequently, dismissing the appeal against acquittal.
