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RAJIV GUPTA, SURENDRA SINGH-I
State of U. P. – Appellant
Versus
Bholu Qureshi – Respondent
JUDGMENT :
(Delivered by Hon'ble Rajiv Gupta, J)
1. The instant Government Appeal has been filed by the State of U.P. alongwith an application for grant of leave to appeal against the judgment and order dated 3.8.2018 passed by Addl. Sessions Judge, Court No. 6, Jhansi in Sessions Trial No. 315 of 2010 (State of U.P. Vs. Bholu Qureshi and 5 others) arising out of Case Crime No. 722 of 2008, under Sections 147, 148, 149, 307, 323, 353, 324, 504, 506, 342, 336 IPC and section 7 Criminal Law Amendment Act, P.S.-Babina, District-Jhansi, whereby the accused-opposite parties No. 1 to 6 have been acquitted.
2. We have heard Sri Ashish Tiwari, learned AGA appearing for the State-appellant, Sri Satya Narayan Vashishth and Sri Man Mohan Mishra, learned counsel for all the accused-opposite parties No. 1 to 6 and perused the material on record.
3. The prosecution story, in nutshell, as narrated in the F.I.R. lodged by S.I. Sri Arun Kant Singh, is that on 22.7.2008 at about 9.30 p.m. in the evening a telephonic information was received that in the sarafa bazaar, public has apprehended one person and are beating him, where large number of people have gathered. On the basis of said information, the f
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