This Government Appeal has been filed by the State appellant against the judgement and order dated 26.3.1985 passed by VIIIth Addl.Sessions Judge,Meerut in Sessions Trial No. 431 of 1983, P.S. Inchauli, District Meerut, whereby accused respondents Malooka, Jaspal, Sardara and Satyaveer were acquitted of the charges under section 302/34 IPC.

The incident in question giving rise to this appeal took place on 25.8.1981 at about 8.00 a.m. in which one Kartar Singh was murdered. The case regarding the same was registered at P.S. Inchauli as case crime no. 146/81. After completing the investigation charge sheet was submitted against the accused respondents. Cognizance was taken and the statutory procedure of law was complied with, resulting in the committal of the accused to the court of Sessions where charges u/s 302/34 IPC were framed against them. Oral as well as documentary evidence was produced by the prosecution in order to substantiate the charge.

The perusal of the impugned judgement reveals that the learned Addl. Sessions Judge found many demerits in the prosecution case. The failure of the police to comply with the salutary provision of Section 157 Cr.P.C. in le