STATE OF U P Vs. RAJESH

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment and order dated 2 -3 -1998 passed by Sri I.B. Singh, the then V Additional Sessions Judge, Kanpur Nagar in S.T. No. 742 of 1993, whereby he acquitted the three accused -respondents, Rajesh, Najai and Mohan of the charge under Section 302 read with Section 34 IPC.

(2.) THE murder of a lad Deepak aged about 11 years son of Virendra Kumar PW 1 was involved in the incident which took place on 11 -4 -1993 at about 5.00 p.m. inside house No. 128/21 C Block, Kidwai Nagar, Police Station Kidwai Nagar, District Kanpur Nagar. The report was lodged the same day at 6.40 p.m. by Virendra Kumar PW 1, father of the deceased an eye -witness. All the three accused -respondents were named in the F.I.R.

(3.) THE investigation was taken up by Chandra Shekhar Yadav PW 4. He reached the spot, prepared Panchayatnama and completed other formalities for the autopsy of the dead body of the boy and prepared site plan of the place of incident. Dead body, after completing formalities, was sent for post mortem. The statements of the witnesses were recorded. Ultimately, a charge -sheet was submitted.