JUDGMENT :

SUNEET KUMAR, J.

1. Heard Sri Vikas Goswami, learned A.G.A. for the State and Sri Ashok Kumar Mishra, learned counsel for the accused respondents.

2. The instant appeal has been filed against the judgment and order dated 05.09.1985, passed by the Ist Additional District and Session Judge, Varanasi, in Session Trial No. 244 of 1984, under sections 302/149, 307/149 I.P.C. whereby, the accused respondents have been acquitted.

3. The appeal has been filed against all the acquitted accused. During pendency of the appeal the second respondent-Yadurai S/o Sri Alakh Narain and third respondent- Harishankar S/o Sri Brajnath Singh, have died. Accordingly, the appeal against them stands abated. First respondent-accused Ram Naresh, fourth respondent-Devendra and fifth respondent-Virendra are opposing the appeal and the present appeal is confined to the said accused.

Prosecution case:

4. As per prosecution case, accused Yadurai was assigned the role of firing and accused-Harishankar of causing injury by lathi. First, fourth and fifth respondent have been assigned assault weapon gadasa and farsa. Fourth and fifth respondents are brothers and sons of first respondent.

5. As per F.I.R. complai