U.K. Varma, J. - (1.) This appeal has been preferred by the State of Uttar Pradesh against the acquittal of the respondents of the charges under Sections 148, 395, 427/149, 121, 121-A and 122 of the Indian Penal Code, 6 (a), 6 (b), 6 (c) of the U.P. P. A. C. Act, Section 3 of the Police (Incitement to Disaffection) Act, 1922, Section 3 of the Police Forces Restriction of Rights) Act, 1966 and Rule 43 of the Defence of India Rules. The respondent Mahesh Chandra Pandey having died during the pendency of this appeal, it has abated against him.
(2.) The first information report in respect of the incident was lodged in the Police Station Kotwali Fatehpur by Beg Raj Singh, an Adjutant in the XII Battalion P. A. C. Fatehpur at 6.20 a. m. on 22-5-1973. It discloses that while he was at the residence of the Superintendent of Police, Fatehpur, he received telephonic information that the personnel constituting the above Battalion had revolted. They had broken open the Quarter Guard and taken out the arms and ammunition and pitched themselves at various places in and around the Battalion buildings and other places, adamant to fight and some of them had proceeded towards the Policelines there.
(3.) Hanuman Singh, Head Constable Moharrir of the Police Station Kotwali (P. W. 2) prepared the check- report Ex. Ka. 1 on its basis and got this case registered by Constable Moharrir Dalram Singh under Sections 147, 148, 149, 121, 122, 123 and 426 of the I.P.C., Section 6 of the P. A. C. Act and Rule 43 (5) of the Defence of India Rules, 1971.;