STATE OF U.P. Vs. SANJAY YADAV

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in the present Government Appeal is to the judgment and order dated 24.07.2019 passed by Additional Sessions Judge, Court No.1, Varanasi in Sessions Trial No. 134 of 2014 (State Vs. Sanjay Yadav and another) and 539 of 2014 (State of U.P. Vs. Chintu @ Mabud Ali), acquitting the respondents of the offences under Sections 302/34, 120B of IPC.

(3.) Brief facts of the case are that on 04.06.2013, deceased Puneeta Srivastava was subjected to gun shot injuries by some unknown persons for which on the basis of written report (Ex.Ka-1) lodged by the victim herself, F.I.R. (Ex.Ka-4) was registered against Sanjay Yadav and his two unknown friends under Sections 307/120-B of I.P.C. Injured Puneeta Srivastava was immediately taken to hospital, where her dying declaration Ex.Ka-9 was recorded in which she has stated that she has been shot by the friends of Sanjay Yadav. The deceased succumbed to her injuries on 06.06.2013 and accordingly, offence under Section 302/34 of I.P.C. was added against the accused persons.