Shashi Kant Gupta, J. - (1.) This Government appeal has been preferred by the State Government against the accused respondents namely Badan Singh and Jagdish Singh against the judgement and order dated 25.2.1985 passed by Sri V.V. Singh, Vth Addl. Sessions Judge, Etah in Session Trial No. 344 of 1983 acquitting the accused appellant of the charges framed under sections 302/34 I.P.C.
(2.) The present Govt. appeal was filed in the year 1985 against the impugned judgement and order dated 25.2.1985 and it has come up for hearing before us after the lapse of a period of about 31 years.
(3.) According to the FIR lodged by the informant Sadaram on 20.9.1981 at about 8.00 PM, his younger brother Ved Ram when he was standing in front of the door of his house, the accused-respondent, namely, Badan Singh and Jagdish armed with country made pistols suddenly appeared on the scene of offence and after firing at Vedram hitting him at his back, fled away towards their house. It was further stated in the FIR that the informant along with his mother and brother Vishundayal who were standing nearby witnessed the incident. Since the condition of Vedram was critical, he was rushed to Etah Hospital. Motive for the assault on the deceased was stated to be old enmity. It was further stated that due to night hours and lack of conveyance, there was delay in reaching the police station for lodging FIR.;