(1.) HEARD learned AGA for the State and perused the impugned judgement and order and the lower court record.
(2.) THIS leave to appeal has been filed against judgement and order dated 28.2.2013 passed by Additional Sessions Judge/T.E.C.P. -3, Lucknow, acquitting the respondents from the charges under Sections 302 IPC and 306 IPC in S.T. No. 749 of 2010, P.S. Gomti Nagar, District Lucknow.
(3.) ACCORDING to the prosecution case, the informant Usha Devi lodged a report alleging that on 19.7.09 in the evening at about 6 O' clock his son had gone to he house of his in -laws situate in Vishal Khand Gomti Nagar, Lucknow. On the same day Anita had taken her jewellery, clothes, ATM card of his husband Raj Kumar and Rs. 10,000/ - and went to her maternal house. Thereafter the informant received information that the deceased Raj Kumar was taken away by the police. The informant contacted Ram Kishore, who informed her that some altercation between the deceased and Anita had taken place and the police arrested him and said that he will return till next morning. The next day at about 8 a.m., the informant received information that Raj Kumar has died in medical college. She suspected that wife of the deceased Anita Verma, his father in law Ram Kishore Verma, mother in law Munni Devi, elder sisters Geeta and Sunita Verma, brothers Surendra and Dhirendra Verma and son in laws of Ram Kishore Ajay and Deepu grouped together and beaten the deceased to death. The case was registered at the police station at case crime no. 870 of 2009 under Section 302 IPC. After investigation, charge sheet was submitted under Section 306 IPC.