Palok Basu, J. - (1.) This Government appeal has been filed by the State of Uttar Pradesh against the judgement and order dated 27.9.1979 in S.T. No. 101 of 1977 whereby the respondents Kailash Singh and five others have been acquitted of the charges under Sections 147, 148, 302/149 and 404 Indian Penal Code. Sri K.C. Saxena for the State, Sri G.P. Dixit for the informant and Sri G.C. Saxena for the accused respondents have been heard and the entire record has been scrutinised.
(2.) According to the prosecution case, an incident took place around 4 p.m. on 9.6.1976. In this incident 3 persons lost their lives. Deceased Pinta had an abraded contusion, a contusion and a lacerated wound. Deceased Satendra had 7 incised wounds, two lacerated wounds and five punctured wounds. The third deceased Chiddan had four contusions, two lacerated wounds and one incised wound. The post-mortem examination was conducted by Dr. H.N. Bahadur (P.W.5). It is in his statement that none of the deceased had any fire arm injury on his person.
(3.) The prosecution case, however, is that an FIR was.lodged by Upendra Bahadur Singh (P.W.1) at police station Bidhnu, Kanpur, on 9.6.1976 at about 8.15 p.m. The narration contained in the FIR is that the informant had come back to his house around 4.00 p.m. and was going towards the grove land. In the meantime the accused side had started chasing these persons including the informant's brother saying Badmash hai Badmash hai pakdo. In that process, as the FIR proceeds, the accused side had succeeded in catching hold of the three persons and caused their death by firing on them. It is also said in the FIR that Satendra had started firing in self-defence.;