S.K. Verma, J. - (1.) This appeal has been preferred against the judgment of the 5th Addl. Sessions Judge, Deoria acquitting eight respondents of the charges under Sections 147 148, 302/149, 307/149, 323/149, 201/144, 325/149 and 42 I.P.C.
(2.) Respondents Shyam Sunder Yadav, Gulab Yadav, Suraj Yadav, Damn Yadav, Saklu Yadav, Darshan Yadav, Dharamraj Dube and Gopal Dube were charged under the different sections mentioned above on the basis of the first information report lodged on 17.3.1977 at 9.10. p.m. in police station.Nata District Deoria alleging that these persons armed with different weapons had raided the house of the complainants Shiv Pujan Yadav and others. In this incident two persons, namely, Nagoo and Jagdeo had died and Kumasi Rama, Smt. Devanti, Smt. Bolraji, Smt. Salhanta, Smt. Jagwanti and Smt. Kalia had received injuries. After the first information report was lodged the post mortem was conducted on the dead body of the two deceased persons and medical examination of injured witnesses were also conducted. After due investigation, charge-sheet was submitted against the respondents.
(3.) The prosecution examined eleven witnesses including four eye-witnesses, namely, Shiv Pujan (P.W. 2), Laxman (P.W. 4), Baijnath (P.W. 6) and Smt. Kalia (P.W. 7). The other witnesses were formal. The Court examined C.W. 1 Lallan Prasad Yadav and C.W. 2 Shiv Chand. From the side off the respondents, D.W. 1 Sripal was examined. The trial Court after considering the entire evidence on record acquitted the respondents. Hence this appeal.;