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