JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Ms. Nand Prabha Shukla, learned A.G.A. for the State and Sri Apoorv Tiwari and Sri Raj Kumar Yadav, Advocates, the learned Counsel for the accused-respondent Nos. 2, 3 and 5.

2. By means of the instant appeal filed under Section 378 of Cr.P.C., the State has challenged the judgment and order dated 30th April 1984 passed by the Special Judge (Additional Sessions Judge), Agra in Sessions Trial No. 51 of 1982 under Sections 148, 307/149, 302/149 IPC, Police Station Fatehpur Sikri, District Agra whereby the accused-respondent Nos. 1 to 6 have been acquitted from all the charges.

Prosecution Case

3. The prosecution case is that the accused persons are residents of Village Baseri Chahar and the house of the accused Phool Singh son of Patiram (the respondent No. 1) is situated opposite the house of Sukh Singh, the informant of the case. Giriraj Singh is the brother-in-law of Fauran Singh – who is the elder brother of Phool Singh and Giriraj Singh lives with Phool Singh. The respondent Nos. 2 and 3 are nephews of the respondent No. 1, the respondent No. 4 is a relative of the respondent No. 1 and the respondent Nos. 5 and 6 are friends of the respondent