M.C. Jain, J. - (1.) This Government Appeal is directed against the judgment and order dated 4.5.1991 passed by II Additional Sessions Judge, Etawah in Sessions Trial No. 27 of 1990. Rajendra, Suresh, Kanhai, Hakim Singh, Lal Bihari and Munni Devi were tried before him for rioting, committing murder of one Gore Lal and causing injuries to Ram Naresh and Vimla Devi. There was 7th accused Genda Lal who died during the trial. The incident occurred on 5.6.1989 at about 11.30 P.M. in Daulatpur, P.S. Phaphund, District Etawah at a distance of about 10 kms. from the police station. The F.I.R. was lodged by Ram Naresh son of Gore Lal deceased on 6.6.1989 at 8.30 A.M. He, however, died in some accident before his evidence could be recorded in the trial.
(2.) The leave to appeal was earlier rejected and the appeal was dismissed by an earlier order of this Court on 20.7.1992. That order read as under: Heard the learned Govt. Counsel. The judgment of acquittal does not suffer from any perversity to warrant any interference by this Court in the appeal against the order of acquittal. Accordingly the leave application is rejected.
(3.) The State went in appeal before the Supreme Court. The Apex Court by order dated 18.1.1996 remanded it for being decided on merits after full-fledged hearing. It is in this way that the appeal has come up for hearing again and is being decided on merits after hearing the arguments of both the sides.;