STATE OF U P Vs. RAJVIR

JUDGEMENT

(1.) This Application for leave to appeal has been filed on behalf of the State of U.P. against the judgment and order dated 27.10.2010 passed by Additional Sessions Judge (F.T.C. No. 2), J.P. Nagar acquitting the accused-Respondents Rajvir alias Raju and Balveer in Sessions Trial No 253 of 2005 under Section 302 IPC, P.S. Gajraula, District J.P. Nagar.

(2.) The incident took place in the intervening night of 15/16-4-2005 at 1:00 A.M. in the jungle of village Shahbajpur Dore, P.S. Gajraula, District J.P. Nagar. The F.I.R. was lodged on 16.4.2005 at 7:20 A.M. at P.S. Gajraula by complainant Charan Singh (P.W. 1) - the brother of the deceased Parmeshwari against unknown persons.

(3.) As per the F.I.R., the deceased was sleeping outside his shop at Khayalipur Dhaal on a cot. His brother-in-law Om Prakash (P.W. 4) was sleeping inside the shop. In the night, some unknown persons committed murder of Parmeshwari by cutting his neck. When Om Prakash (P.W. 4) woke up in the morning, he informed the complainant and the F.I.R. was lodged.