- (1.) THE present appeal is directed against an order of acquittal of all the three respondents who faced a charge under Section 307, I. P. C. in S. T No. 398 of 1985. The order of acquittal was recorded by learned 1st Additional Sessions Judge, Gorakhpur in S. T No. 398 of 1985 by his order dated 5 -8 -1986.
(2.) AFTER admission of the appeal, reports had come about the death of respondents Ram Deo and Raja Ram. The appeal abated so far they were concerned. The matter was, therefore, heard in respect of respondent -Raj Man only.
(3.) THE appeal was once dismissed in limine by an Honble Single Judge by his order dated 22 -8 -90. The State went up in Criminal Appeal No. 1186 of 1995 together with a Special Leave Petition No. Criminal 1948 of 1994 and the Honble Court remanded the matter with an obser vation that the order of dismissal should have been a reasoned one. There had been a direction to hear the parties and to dis pose of the matter on merits. Accordingly, the present hearing was taken up. The first information report that was lodged at 6. 30 p. m. on 14 -11 -1984 spoke of an incident of 7 p. m. on 13 -11 -1984, in which one of the respondents Ram Deo was attributed the role of exhortation while two other respondents -Raja Ram and Rajman were attributed roles of open ing fire from their country made pistols and two persons were allegedly injured. At the trial, the injured persons and certain other witnesses were examined and the learned trial Judge, by this considered judgment, found that there was no doubt gun shot injuries on two injured persons, but the prosecution was required to prove that the incident had taken place in the manner and at the place as stated in the first information report.;