ARUN MISHRA Vs. STATE OF U.P.

JUDGEMENT

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

(2.) This application under Section 378 (3) of the Cr.P.C . has been moved on behalf of the State to grant leave to appeal against the judgment and order dated 18.12.2018 passed by Additional Sessions Judge, Court No.5, Sitapur passed in Sessions Trial No. 785 of 2004, "State Vs. Arun Mishra and two others", arising out of Case Crime No. 672 of 2004, under Section 302 / 34 of I.P.C., Police Station Kotwali, District Sitapur and Sessions Trial No. 852 of 2004, "State Vs. Arun Mishra", arising out of Case Crime No. 923 of 2004, under Section 25 (1-B) of Arms Act, Police Station Kotwali, District Sitapur, whereby all the accused persons have been acquitted of the charges framed against them by passing a common judgment.

(3.) The brief facts necessary for the disposal of this application are that a First Information Report was lodged by informant Chandra Kumar on 17.05.2004 at 15:30 hours at Police Station Kotwali, District Sitapur by presenting a written application and stating therein that in the Month of August, 2002, one Suresh of his village was done to death and on the basis of old enmity he and his sons Anurag and Meetu @ Amit Kumar and other family members were falsely charged for the same. Today i.e. on 17.05.2004 the date fixed for evidence in that case and informant of the instant case along with his two sons and other accused persons came to the Court to attend the case. The case was not taken up due to condolence observed by Local Bar on account of death of an Advocate and 31.05.2004 was fixed as the next date. He (Informant) and his two sons along with one Kallu were returning to their home (Village Sonsari). When they reached a little ahead of ''Vaidehi Vatika' at Lucknow Road, a Qualis Car stopped near them wherein accused Mahesh was sitting and he fired at them. It is further stated that soon thereafter the other co-accused persons namely Sanjay, Arun and Ramesh started firing whereby his son Anurag sustained severe injuries and died, the accused persons fled away from the scene towards Lucknow. The above incident has been witnessed by him, Kallu, who was a Pillion Rider of the motorcycle driven by Anurag and also by his son Meetu @ Amit Kumar and many other persons.