Vijay Laxmi, J. - (1.) Challenge in this appeal is to the judgment and order dated 29.09.1981 passed by the then I Additional District and Sessions Judge, Unnao acquitting nine accused/respondents, namely, Prem Shanker A-1, Rajendra Prasad A-2, Suresh Chandra @ Pandey A-3, Sheo Raj A-4, Badri Prasad A-5, Buddha A-6, Rasool A-7, Machloo A-8 and Jamil Ahmad A-9 of the charges under Section 147, 148, 307 r/w 149 and 427 Indian Penal Code in Sessions Trial No.17 of 1980 State v. Prem Shankar & 8 others . Admittedly, cross case, Sessions Trial No.540 of 1979 State v. Yudhishthir Singh & 8 others of this case has ended in acquittal and appeal no.403 of 1982 has been filed challenging the said acquittal by the State.
(2.) The incident occurred on 24.09.1978 at 5.00 p.m. near the house of the complainant, Yudhishthir Singh (hereinafter described as complainant) in village Kusaila where Prem Shanker A-1 along with Machloo, Rasool, Jamil Ahmad and Santosh Kumar suffered fire arm injuries. The fire arm injuries were also caused to one calf of Brij Lal who was tethered near the place of incident. The written F.I.R. Ext. Ka-1 was lodged by the complainant on the same date at 6.30 p.m. at Police Station Safipur lying 3 km away therefrom. All accused persons were prosecuted under Section 148 I.P.C.. Prem Shanker A-1 was further charged for offence under Section 307 and 427 I.P.C.. The remaining eight accused except Prem Shanker were further charged for offence under Section 307 r/w 149 I.P.C. Accused A-2 to A-7 were also charged under Section 147 IPC. All the accused pleaded not guilty and claimed to be tried. The evidence was recorded separately in said trials and separate judgments are delivered by the Trial Court.
(3.) The respondent accused Buddha died during pendency of this appeal as per the report of Chief Judicial Magistrate, Unnao 25.07.2015. Thus, the appeal has abated against accused Buddha.;