STATE OF U. P. Vs. PANNA LAL KUSHWAHA

JUDGEMENT

(1.) Heard Shri Haripratap Gupta and learned A.G.A. for the State and also perused the record.

(2.) A First Information Report was lodged on 5/1/2017 alleging that in the previous night the accused had killed Ramnath the father of the accused and the informant. The father of the accused Panna Lal Kushwaha, it has been stated the informant Vijay, was around 90 years of age and was being all the time pressurised by the accused Panna Lal to give money to him so that he could buy liquor, etc. It has also been stated in the First Information report that the brother of the first informant was a little mentally disbalanced. Upon the First Information Report being lodged, Case Crime No. 14 of 2017 under Sec. 304 IPC was registered. Investigation followed and thereafter charge-sheet was submitted. Thereafter the Court framed charges and trial commenced. After the trial when the case resulted in acquittal, the State filed the instant Government Appeal.

(3.) In the trial Court from the side of the prosecution PW-1 Vijay Kushwaha, PW-2 Keshav Khan, PW-3 Constable Ajay Kumar, PW-4 Dr. Parutosh Shukla, PW-5 Sub-Inspector Vijay Singh Yadav, PW-6 Sub-Inspector Nitesh Kumar were examined. Documentary evidence were there in the form of FIR, Chick Report, Spot Inspection, Panchayat Nama, Naksha Photonash, Challan of the dead body and the Post Mortem Report.