Mukteshwar Prasad, J. - (1.) This appeal under Section 378 Cr.P.C. by the State of U.P. is directed against the judgment and order dated 13.11.1980 passed by the then IVth Additional Sessions Judge, Fatehpur in S.T. No. 338/79 whereby he acquitted all the four accused-respondents namely, Sheo Ram, Santu Singh, Bhola and Durga Singh of all the charges framed against them and they were given benefit of doubt.
(2.) Briefly stated, the facts of the case-giving rise to this appeal were as under:
(3.) P.W.1 Awadhesh Chandra, son of Suryabhan Prasad, the informant, handed over a written report at P.S. Kishunpur (Fatehpur) on 16.6.79 at 5-30 P.M. and the local Police registered a case under Section 364/395 I.P.C. According to prosecution about 2-3 years prior to the incident in question, accused Sheo Ram and others committed murder of one Jugal Kishore, son of the informant's mother's sister's (Mausi). The deceased (Akhilesh) brother of the informant, was doing pairvi in the murder case on behalf of the prosecution. Accused Sheo Ram, Santu Singh and Suleman, who did not face trial in the case, were convicted and sentenced to imprisonment for life. Since then, the parties were having strained relations. On 17.6.79, marriage of the sister of the informant was scheduled to be held and Baarat was to stay in the local Primary School.;