(1.) This appeal under Sec. 378(3) of Criminal Procedure Code, 1973 (in short 'Cr.P.C.'), has been instituted at the behest of State of U.P. against the judgment and order dtd. 20/2/2019, passed by Additional District and Session Judge, Fast Track Court No. 1, Kasganj, in S.T. No. 310 of 2013 (State of U.P. Vs. Bachchan Khan), under Sec. 304 I.P.C. arising out of Case Crime No. 107 of 2013, Police Station. Amanpur, District Kasganj, acquitting the accused respondent.
(2.) The factual matrix of the case as worded in the present appeal purported to be under Sec. 378(3) of the Cr.P.C. are that on 27/2/2013 an FIR was lodged by the informant/complainant being Brij Kishore son of Attar Singh resident Makthara, Police Station. Amanpur, District Kasganj with an allegation that the complainant/informant along with his mother Smt. Kamlesh wife of Atar Singh as well as Chandrabhan son of Kali Charan are the resident of Police Station Sidpura, District Kasganj and on unfateful day i.e. 26/2/2013 at 4 p.m. the deceased being Atar Singh son of Deshraj witnessed stomach ache.
(3.) Resultantly the informant along with his mother being Smt. Kamlesh and Chandrabhan son of Kali Charan proceeded for getting the deceased treated and approached the accused Dr. Bachchan Khan son of Achchan Khan resident of Rajeev Nagar Amanpur, District Kasganj and got themselves physically present in the dispensary/shop of the accused at 5.p.m. on 26/2/2013.
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