JUDGMENT :

Narendra Kumar Johari, J.

The present Government appeal has been filed by the State seeking leave to appeal against the judgment and order dated 22.6.1985, passed by learned IIIrd Additional Sessions Judge, Meerut in S.T. No. 577/1983 (State v. Sahab Singh and others), arising out of Case Crime No. 4 of 1983, under Sections 147, 148, 323, 324, 307, 302 IPC, Police Station Chhaprauli, District Meerut. By the impugned judgment and order, learned trial Court acquitted the accused-respondents Sahab Singh, Charan Singh, Dharamvir, Dhara Singh and Shri Pal for the offence punishable under Sections 323/149, 302/149, 147 IPC.

2. In brief, the case of the prosecution was that the informant Mahak Singh lodged an F.I.R. in Police Station Chhaprauli, District Meerut on 12.1.1983 at 18.10 hours stating that informant alongwith his brother Satyapal Singh was returning from his sugar cane field on 12.1.1983 at about 3.00 p.m. On the way, as he reached near the sugarcane field of Zilley Singh, the accused persons Sahab Singh, Charan Singh, Dharamvir, Dhara Singh and Shri Pal, who were hidden in the sugar cane harvest of Zilley Singh's field, came out from the filed caught Satyapal Singh an