Alok Kumar Pandey, J. – The present criminal appeal has been preferred under section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 06.11.2023 passed by the learned 1st Additional Sessions Judge, Naugachiya in Sessions Trial No. 1117 of 2012 arising out of Kharik P.S. Case No. 53 of 1993, whereby and whereunder respondent no. 2/ Laxmi Singh has been acquitted by the learned Trial Court from the charges of Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

2. The prosecution case, in brief, is that on 12.03.1993, at about 12.00 PM the informant along with his two brothers, namely, Niro Rai and Shankar Rai as well as two cousin brothers, namely, Pankaj Kumar Rai and Lal Mistri had come to western field for cutting grass. Informant and Pankaj Rai were plucking Arandi leaves in the field of Pramod Choudhary and informant’ brother Shankar Rai and Niro Rai along with Pramod Choudhary and Lal Mistri were going to Basa of Pramod Choudhary. Meanwhile, co-accused Bharat Singh armed with rifle, Arun Singh armed with pistol, Babloo Singh armed with three-nut, Manoj Singh armed with Axe and Three-nut, Laxmi Singh (respondent no. 2) armed with masket, Jharkhandi Singh armed with three-nut, Dhilo Singh armed with three-nut, Surendra Singh armed with sickle, Khagesh Singh armed with lathi, Buchhi Kumar (brother-in-law of co-accused Bharat Singh) armed with three-nut came and Bharat Singh made firing and drove away the informant’s brothers. It is alleged that informant’s younger brother Shankar Rai fell down on the road and he was caught hold by co-accused Bharat Singh, Arun Singh and Surendra Singh. Arun Singh took sickle from the hands of Surendra Singh and cut the neck from behind. It is further alleged that co-accused Bharat Singh caught hold of victim-Shankar Rai. Thereafter, co-accused Surendra Singh took sickle from co-accused Arun and assaulted on right palm of victim, causing injury to that part of the body and it is alleged that the victim Shankar Rai died on the spot. It is further alleged that informant’s brother Niro Rai was chased and caught hold by co-accused Manoj Singh, Laxmi Singh (respondent no.2), Jharkhandi Singh, Dhelo Singh, Khagesh and Buchhi Kumar and thereafter, accused persons called Bharat. It is further alleged that after killing Shankar, accused Bharat Singh, Arun Singh and Surendra Singh ran to the field of Beda Singh. It is further alleged that informant also went behind them and started seeing the occurrence. It is further alleged that co-accused Bharat Singh assaulted twice upon the neck of informant’s brother Niro by means of sickle and co-accused Manoj after taking pasiyani from Bharat assaulted on the chest of informant’s brother Niro. Thereafter, Bharat Singh cut the neck of Niro. It is further alleged that accused Laxmi (respondent no. 2), co-accused Babloo, Jharkhandi and Manoj had caught hold of Niro and some unknown persons were also present there.

3. On the basis of written complaint of the informant, Kharik P.S. Case No. 53 of 1993 was instituted under Sections 147, 148, 149, 302/34 of the IPC and Section 27 of the Arms Act and investigation was taken up by the police. The police after investigation submitted charge-sheet against respondent No. 2 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the respondent no. 2 to which he pleaded not guilty and claimed to be tried.

4. During the trial, the prosecution examined altogether eight witnesses viz. PW1 Subhash Mandal, PW2 Pankaj Rai, PW3 Lal Mistri, P.W. 4, Subhash Singh, PW5 Radhey @ Radhwa, PW6 Sanjay Singh, PW7 Shiv Nandan Rai and PW8 Navin Kumar Singh.

5. The defence has not adduced any oral or documentary evidence.

6. After closure of prosecution evidence, the statement of the accused was recorded under Section 313 Cr.P.C. and after conclusion of trial, learned trial court has acquitted the accused.

7. Learned counsel f