STATE OF U P Vs. SEVARAM

JUDGEMENT

(1.) Heard the learned Additional Government Advocate for the State of U. P. and perused the lower Court's record.

(2.) This application for granting leave to appeal has been filed against the judgment and order dated 14.11.2014 passed by learned Sessions Judge, Lalitpur in Sessions Trial No.7 of 2008 whereby accused-respondents Sevaram, Kappu @ Kapoor Singh and Chandrabhan have been acquitted for the offences punishable under Sections 302/34 IPC in Case Crime No.615 of 2007, P. S. Poora Kala, District-Lalitpur.

(3.) From perusal of record and impugned judgment it reveals that the FIR of this case has been lodged by complainant Rajjo, PW 1 on 11.10.2007 at 22.15 pm in respect of the incident allegedly occurred on 11.10.2007 at 8 pm. The complainant Rajjo had lodged FIR to the effect that his son Dhyan Yadav while coming after attending invitation from the house of Chhandi Yadav was assaulted by accused Seva Lodhi, Kapoor Singh and Chadrabhan in front of the berha of Salig Ram Lodhi in village Mahua Bayo near a government handpump by axe and ballam whereby the deceased Dhyan sustained injuries. The prosecution had examined PW 1 Rajjo, PW 2 Dr. Rajendra Prasad, PW 3 Kehar Singh, PW 4 Sultan, PW 5 Rameshwar, PW 6 Constable Bharat Singh and PW 7 S. O. Suresh Singh. PW 1 has corroborated the FIR story and had further stated that the incident was seen by Kehar and Rameshwar.