N.S.GUPTA, J. - (1.) This Government appeal is directed against the order of acquittal dated 21-3-80, passed by Shri L. N. Rai, the then IVth Additional District and Sessions Judge, Badaun in Session Trial No. 113 of 1978, acquitting the accused respondent Ram Swarup for the offence punishable under Sections 148/302/307/149/396/412 I.P.C.
(2.) The prosecution story briefly stated is as follows :-On 27-11-77 at about 5.00 P.M., an incident had happened at the house of one Mulaim Singh in Village Khiria Madhukar, police station Ushat, district Badaun, wherein as many as 13 accused persons had raided the house of Mulaim Singh with the intention to commit murder of Mulaim Singh, his son Itwari and brother Munshi Singh and further to attempt to commit the murder of Pt, Ram Murti Lal, resident of Phenia, Sikanderpur, police station Mirzapur, district Sahjahanpur, who also subsequently died on account of the injuries caused to him, in the incident of this case. Injuries were also caused to Pt. Ram Saran of village Makrauli, police station Ushat and Ram Dayal resident of village Majharia, police station Mirzapur, district Shahjahanpur with an intention to commit their murder. The bandits had snatched away the gun of Mulaim Singh and Pt. Ram Saran, as also the belt of cartridges of Pt. Ram Saran. Thus in the said incident as many as four persons viz. Mulaim Singh, Itwari, Munshi Singh and Ram Murti were murdered whereas Ram Saran and Ram Dayal were injured. 12 persons were named in the F.I.R. The accused appellant Ram Swarup before this Court was not named as culprit in the F.I.R.
(3.) According to the prosecution he was the 13th accused who was not named in the F.I.R. and who was wearing Khaki uniform at the time of occurrence. His name and address were not known. Out of the 12 persons who were named as culprits in the F.I.R. one was Hori Lal to whom the rule of conspiracy was assigned. The other 11 accused persons are said to have been armed with deadly weapons like spear, guns, Kanta, and Lathis who has actively participated in the occurrence in question and were responsible for the said incident.;