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 29.08.2018 passed by Second Special Judge/Additional District and Sessions Judge, Hamirpur in Session Trial No. 128/1997 (State of U.P. Vs. Balram Singh and 2 others) u/s 302, 323, 504, 506 IPC read with section 3(2)5 SC/ST Act, P.S. Khanna, District Hamirpur in Case Crime No. 141/1997 as well as Session Trial No. 143/1997 (State of U.P. Vs. Khalbhaliya) in Case Crime No. 148/1997, u/s 25 Arms Act, P.S. Khanna, District Hamirpur acquitting the accused herein.

2. Brief facts of the case so unfolded by the prosecution are to the effect that the informant Dully Chand S/o Kamtu R/o Village Akbai, Police Station Khanna, District Hamirpur claimed to be of Dhobi caste and according to the prosecution theory he along with his brother Moolchand, Shiv Narain, Chunna has proceeded towards the southern portion of the village near a pond for answering nature's call on fateful day i.e. 27.04.1997 at 5-6 in the evening and when they were crossing towards the outer portion of the pond then the accused who were three in number