SURAJ PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A.

(2.) I have perused the order dated 1-8-1996passed by Shri S. K. Saxena, 1st Additional District Judge, Kanpur Dehat on an application given by the prosecutor on behalf of the State Government for withdrawing the prosecution from the Court.

(3.) In my opinion the facts given in the order give an impression that the application was moved on the ground that the evidence collected by the Investigating Agency and brought before the Court along with the charge sheet was insufficient to warrant a conviction. It is further available from the order that there were two versions one brought before the Court by the informant and to support that version there is evidence of the family members of the deceased. Another version, which was also taken down during investigation and this version is that villagers had stated that the deceased was done to death, while he was moving along with some other miscreants, by them.