Kalimullah Khan, J.: -

This Government Appeal has been filed under section 378 Cr.P.C. by State of Uttar Pradesh against accused Babu Ram and nine others challenging the impugned judgment and order dated 31.5.1983 whereby learned Trial Court has recorded a finding of acquittal of accused-respondents Babu Ram, Pooran sons of Shekhar, Lakhmi Chand son of Ram Niwas, Bangali, Rameshwar sons of Loti, Loti son of Harphool, Som Pal, Sukkhar sons of Chatru, Shekhar, Chatru sons of Fakira out of whom during the pendency of this criminal appeal accused-respondents Babu Ram, Pooran, Loti, Shekhar and Chatru have expired, therefore, vide order dated 13.2.2014 appeal against them has been abated. Now this judgment pertains only in respect of accused Lakhmi Chand son of Ram Niwas, Bangali, Rameshwar sons of Loti, Som Pal, Sukkhar sons of Chatru alone.

2. Accused Bangali was charged for the offence punishable under sections 147, 323/149,452 and 302/149 I.P.C. whereas rest of the aforesaid accused were charged under sections 148, 323/149, 452 and 302/149 I.P.C. They had denied the charge and claimed their trial.

3. The incident is dated 27.12.1980 at about 9: 00 a.m. As per the prosecution ca