- (1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the respondents who faced trial for alleged commission of offences punishable under sections 148 and 302 read with section 149 IPC.
(2.) The accused Nos. 7 and 8 faced trial for offences punishable under sections 147, 302 read with section 149 IPC. It is to be noted that 8 persons faced trial and were convicted by the learned IVth Additional Sessions Judge Jalaun. During the pendency of the matter before the High Court three of them i.e. accused No. 1, Jagmohan, accused No. 2 Kishan Dutt and accused No. 7 Ram Kumar have died and, therefore, the High Court noted that the appeals stood abated so far as they are concerned. During the pendency of the matter before this Court, respondent No. 3 Kanahai (A-5) has died. Hence, the appeal stands abated so far as respondent No. 3 is concerned.
(3.) In the present case, three persons lost their lives. The occurrence took place on 22.3.1979 and prosecution version in a nutshell is that the deceased and PW 1 were travelling in a bullock cart while PW 3 was following them. The accused persons were holding several weapons and fired gunshots at the deceased persons as a result of which they lost their lives. PW 3 filed FIR. Investigation was undertaken and on completion thereof, charge sheet was filed and as the accused pleaded innocence, trial was held and, as noted above, the trial Court found them guilty and convicted them.;