Hon'ble Rajiv Gupta,J.

Hon'ble Shiv Shanker Prasad,J.

(Delivered by Hon. Rajiv Gupta,J)

1. Heard Sri Jitendra Kumar Jaiswal, learned AGA for the State, Raghvendra Kumar Mishra, learned counsel for the accused-respondent and perused the record.

2. The present Government Appeal has been filed against the judgment and order dated 19.1.1984 passed by 7th Addl. Sessions Judge, Aligarh in S.T. No. 246 of 1983 (State Vs. Khajan and others), P.S. Harduaganj, District- Aligarh, by which the accused-respondent has been acquitted for the offence under Section 307 read with Section 149 IPC and Section 323 read with Section 149 IPC as well as under Section 148 IPC.

3. Shorn of unnecessary details, the prosecution case as unraveled in the first information report, which was lodged by one Veerpal Sharma (P.W.-2) on 1.5.1982 at 3 P.M. in police station- Harduaganj, District- Aligarh in respect of an incident occurred on 30.4.1982 at 11 p.m. in the night. It is alleged that on the fateful night, the first informant alongwith his servant Ranvir were sitting in his Khalihan and were conversing while his son Satyadev was sleeping beside them, when accused-responden