(1.) A. Introduction
(2.) The appeal at hand filed by the State under Sec. 378 CrPC relates to the murder of one Prabhat Gupta alias Raju of which FIR was lodged by one Santosh Gupta (father) at Tikonia Police Station, District Lakhimpur Kheri on 8/7/2000 at 3.30 pm. The hearsay information giving rise to the FIR shows presence of four culprits at the time of incident mentioned in the FIR who were identified by two eye witnesses named therein. The information states that the deceased had left from the house of the informant at 3 pm on 8/7/2000 for going to the shop. On reaching the main road, the deceased was done to death by the two named culprits and the death occurred on the spot.
(3.) The eye witnesses in the FIR were stated to have seen the occurrence in broad day light which according to the informant was probable in the background of some political rivalry and enmity. The registration of the FIR by the scribe Shri Krishna (HM-53) on 8/7/2000 at 3.30 pm had set the machinery of law in motion.
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