VIJAY LAXMI, J.

1. Challenge in this appeal is to the judgment and order dated 26.03.1982 passed by the V, Additional District and Sessions Judge, Hardoi acquitting the accused respondents, namely, Kailash A1, Ram Bilas A2, Dinesh A3 and Ramesh A4 under Sections 148 and 307/149 I.P.C. in Session Trial No.569 of 1980. Admittedly, cross case, Sessions Trial No.137/79 State v. Ram Asrey of this case has ended in acquittal and no appeal has been filed challenging the said acquittal by the State.

2. The incident occurred on 06.01.1978 at 9.00 a.m. in the Barotha of Ram Asrey, Complainant, PW1 (herein described as complainant) who suffered fire arm injuries in the incident. The FIR written by Shashi Prabha Devi, PW2 the daughter of the complainant on his dictation was lodged on the same date at P.S. Mallawan. The accused persons were charged under Section 148 and 307/149 I.P.C. All the accused pleaded not guilty and claimed to be tried. The evidence was recorded separately in said trials and separate judgments were delivered by the trial Court.

3. The case of the prosecution as unfolded during the trial through F.I.R. and the evidence may be described as under:-

The complainant Ram