M.C.Jain, J. - (1.) The State has come in appeal against the judgment and order of acquittal dated 17th June 1981, passed by Sri B.K. Srivastava, III Additional Sessions Judge, Mainpuri in Sessions Trial No. 136 of 1981. Ten accused respondents, namely, (1) Puttu Lal (2) Kayam Singh (3) Vjjai Singh (4) Sughar Singh (5) Tilak Singh (6) Mulaim Singh (7) Phoolan Singh (8) Chhakki Lal (9) Babu Ram and (10) Mahesh Ram were tried in the said case. Vijay Singh, Sughar Singh, Tilak Singh, Mulaim Singh, Phoolan Singh and Chhakki Lal accused respondents are the sons of accused-respondent Puttu Lal. Babu Ram is the nephew of Puttu Lal. The accused respondent Mahesh Ram is the resident of the same village where the incident occurred and the accused respondent. Kayam Singh is said to be the neighbour and helper of Puttu Lal and his sons. The incident occurred on 1.7.1979 at about the time of sunrise in village Prithipur hamlet of Mohabbatpur, P.S. Kurrah, District Mainpuri and the F.I.R. was lodged the same day at 12.30 P.M. by Munni Lal PW 2 (eyewitness). The distance of the police station from the place of occurrence was about seven miles.
(2.) One Atar Singh lost his life in the incident whereas Jai Ram PW 1, Munni Lal PW 2, Vir Bahadur PW 3, Hoti Lal and Smt. Bataso Devi wife of Jai Ram sustained injuries on the side of the prosecution. The charge for causing the death of Atar Singh was under Section 304 read with section Section 149 I.P.C. against all the accused respondents. Puttu Lal, Vijay Singh, Sughar Singh and Kayam Singh were allegedly armed with Kantas and spears and as such they were charged for the offence of rioting under Section 148 I.P.C, whereas the rest being allegedly armed with lathis were charged under Section 147 I.P.C. All of them were further charged under Section 324 read with Section 149 and under Section 323 read with Section 149 I.P.C. for causing hurt to the injured named above.
(3.) Jai Ram PW 1, Hoti Lal and the deceased Atar Singh were real brothers, Munni Lal PW 2 is the son of Jai Ram. Vir Bahadur PW 3 is the son of the deceased Atar Singh;