UMA NATH SINGH,S.N.H.ZAIDI,J - (1.) THIS application for leave to appeal arises out of a judgment dated 28.9.1988 passed by learned Additional Sessions Judge, IVth, Faizabad in Session Trial No.151 of 1986 under sections 147, 148,307 read with 149 I.P.C. recording acquittal of accused respondents.
(2.) THE incident is alleged to have taken place in the intervening night of 23/24.1.1982, wherein as per prosecution case the accused persons hurled hand grenades on the complainant side and in the process one of their companions suffered burns to the extent that he could not be identified. We have heard learned counsel for State.
(3.) LEARNED counsel submits that though the incident took place in the night but the injured witnesses have given the names of accused persons, which also find mention in the F.I.R. Learned counsel also submitted that the dead person had been carried along by the accused-respondents and hence dead body was mutilated. That is why it was not possible to identify the dead body. Learned counsel further submitted that though the enmity is double edged weapon, but for the same reason the accused could have committed the offence.;