SHASHI KANT, J.

1. This Government Appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by State of Uttar Pradesh against judgment and order dated 08.05.2003 passed by Sri Raj Bahadur Singh, Additional Sessions Judge, Court No. 13, Bareilly in Sessions Trial No. 1434 of 1999 (State v. Girish Pal and 3 Ors.) arising out of Case Crime No. 1 of 1997, under Sections 304, 308, 323, 336, 452, 504 of the Indian Penal Code, 1860 (for short 'the I.P.C.'), Police Station Sheeshgarh, District Bareilly, whereby accused-respondents Girish Pal, Bhagwan Das, Ravindra and Dharmpal have been acquitted for the offences punishable under above sections.

2. The brief facts of the case are as under :

2.1 The informant Sushila Devi (P.W. 1) submitted a written report (Ext. Ka-1) on 01.01.1997 at 7.15 P.M. at Police Station Sheeshgarh, District Bareilly stating therein that earlier on that date at about 5 P.M., accused-respondents Girish Pal, Bhagwan Das, Ravindra and Dharam Pal were assaulting one Chandra Sen because he was demanding back the money from Tullan advanced by him to Tullan and others. In order to save himself he ran and entered the house of deceased Fakir Chand. Accused-respondents also reached there chasing him. On hearing the cries of Chandra Sen to save him, Fakir Chand intervened and asked the accused-respondents not to assault him there. On this, Chandra Sen hit with a brick on his head, other accused inflicted lathi blows. Consequently, he received grievous injuries on his head and other parts of the body. When Shyama Devi (P.W. 7) tried to save her husband, she was also assaulted by the accused respondents. Informant took her father in unconscious state alongwith Smt. Shyama Devi, Chandra Sen, Chandra Mohan on Sawari Ghoda Tanga of Dilwar Shah to the police station. The incident was also witnessed by Jagan Lal and Harish etc.

2.2 On the basis of the above written report, Case Crime No. 1/97 was registered under Sections 452, 308, 336, 323, 504 IPC. Entry for registration of the case was made at GD Rapat No. 29 at 19.45 p.m. dated 01.01.1997 (Copy thereof is Exhibit Ka-10). Investigation of the case was entrusted to S.I. Vijendra Pal Singh (P.W. 5).

2.3 The injured Fakir Chand, Chandra Sen and Smt. Shyama Devi were sent to Sadar Hospital, Bareilly along with Chitthi Majroobi (Ext. Ka-4, Ka-2 and Ka-3) for their medical examination.

2.4 Dr. P.C. Saxena (P.W. 3) examined Smt. Shyama Devi and Chandra Sen and prepared their injury reports (Ext. Ka-3 and Ext. Ka 2). However, on examination of Fakir Chand, he found that he was brought dead. This fact was informed by him vide Ext. Ka-12 to S.H.O. Kotwali, Bareilly, which was entered at GD Rapat No. 23 dated 02.01.1997 at 22.53 p.m., Ext. Ka-13.

2.5 On the above information S.I. Mahipal Singh reached the spot and prepared inquest memo, Ext. Ka 14. He also prepared sample seal, Ext. Ka-15, police paper No-13, Ext. Ka-16 Photo of Dead body, Ext. Ka-17, letter to C.M.O. Ext. Ka-18, letter to R.I., Ext. Ka- 19, in Police Form No. 33 and sent the dead body for postmortem examination.

2.6 Dr. V.K. Mishra, P.W.4 conducted the postmortem examination on the body of Fakir Chand on 02.01.1997 at 3.00 p.m. and prepared the postmortem report (Ext. Ka-5).

2.7 After receipt of postmortem report, Section 304 IPC was added in the case vide G.D. Rapat No. 13, dated 03.01.1997 at 11.15 a.m. (Copy thereof is Ext. Ka-11).

2.8 After taking over the investigation, the Investigating Officer (P.W. 5) recorded statement of informant PW-1 Sushila Devi and Const. Jagat Singh and copied the FIR etc. On the next day he reached to the spot and after inspection, prepared the site plan (Ext. Ka-6). During investigation he has also recorded statements of witnesses Chandra Sen, Km.Meena Verma, Km. Radha Verma, Devi Prasad, Ved Prakash, Constable Jayendra Singh, Hatendr