State vs Durga Prasad - 2022 Supreme(All) 931

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 931

VIVEK KUMAR BIRLA, VIKAS BUDHWAR
State – Appellant
Versus
Durga Prasad – Respondent

Advocates Appeared:
For the Appellant : A.G.A.
For the Respondent: I.M. Khan, A.B.L. Gaur, Madhukar Maurya, Rahul Mishra, Sandeep Kumar.

JUDGMENT :

Vikas Budhwar, J.

1. Challenge in this appeal u/s 378 of code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) is made to the judgment and order dated 03.06.1986 passed by Additional Sessions Judge, Fatehpur in Sessions Trial No. 211/1983 (State Vs. Durga Prasad and Others) u/s 147, 304/149, 323/149 IPC, P.S. Ghazipur, District Fatehpur acquitting the accused herein.

2. This appeal was initially filed while arraying as many as seven accused-respondents. However, the accused-respondents nos. 1, 2 and 4 during the pendency of the present appeal expired. Accordingly, the present appeal stood abated against the accused-respondents nos. 1, 2 and 4.

3. Factual matrix of the case so interwoven in the present appeal centres around with an allegation that a written report/complaint was submitted on 10.07.1982 by the first informant being Rajendra Prasad S/o Chandra Bhushan Prasad R/o Village Kewai, P.S. Ghazipur, District Fatehpur before the Police Station Ghazipur, District Fatehpur with an allegation that the accused herein who were seven in number at the time of the filing of the appeal had committed offences at 12 in the noon on 10.07.1982 when the first informant