STATE OF U.P. Vs. DINESH

JUDGEMENT

(1.) Heard learned A.G.A. for the State and perused the judgment of the trial court.

(2.) By filing this application under Section 378(3) of the Cr.P.C., a prayer has been made to grant leave to file appeal against the judgment and order dated 02.09.2019 passed by Additional Session Judge, First, Hardoi in Session Trial No.710 of 2013, "State Vs. Dinesh" arising out of Case Crime No.316 of 2013, under Section 302 I.P.C., Police Station- Atrauli, District- Hardoi, whereby the respondent/accused- Dinesh has been acquitted of the charges under Section 302 I.P.C.

(3.) Brief facts which appear necessary for the purpose of disposal of this application are that informant- Ram Naresh Maurya lodged a First Information Report at Police Station- Atrauli, District- Hardoi stating therein that on 22.06.2013 her mother, namely, Smt. Sumitra was guarding the fruits of two mango trees, which he had purchased from one Ashok Singh. It was further stated that his mother was sleeping near the trees and at about 5:00 A.M. in the morning when his elder sister Smt. Rajan Dulari got up to ease herself, she saw that her mother is not lying at her cot and her "gadda" was blood stained. On being searched, the dead body of his mother was found in a nearby pond. Her face was badly injured and a stick was also found nearby and it appeared that someone had killed his mother by assaulting with that stick. The age of his mother was about 75 years.