(1.) THE petitioner is father of deceased Bhagwati Prasad who is aggrieved by the order dated 13.02.2001 in Sessions Case No.33/2000 by the learned ASJ whereby respondents No.2 to 4 have been acquitted of the charge under Section 302/34 IPC.
(2.) RESPONDENT No.1/State has not impugned the order of acquittal in Sessions Case No.33/2000. Though prayer of the petitioner to file an appeal against the order of acquittal was turned down by the State, he was permitted to file a private petition against the order of acquittal and 'no objection' dated 08.05.2001 to this effect was given by the State.
(3.) THE petitioner has prayed for setting aside the acquittal order in view of the serious miscarriage of justice caused in the case while acquitting the accused persons by disbelieving the testimony of PW -6 Smt. Anita, the complainant.
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