1

A.F.R.

Court No. - 42

Case :- GOVERNMENT APPEAL No. - 23 of 2019

Appellant :- State of U.P.

Respondent :- Balram Singh And Anr.

Counsel for Appellant :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

( Per Hon’ble 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 p