RAJMANI Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This application for leave to appeal has been filed against the judgment and order dated 27.2.2014 passed by Additional Sessions Judge, Court No. 14 Allahabad in Sessions Trial No. 1195 of 2009, whereby the accused persons, Pothil Lal and Ranvijay @ Bheem were acquitted for the offence under section 302/34 IPC in Case Crime No. 25 of 2006, PS Sarai Mamrej, district Allahabad.

(2.) Heard learned counsel for the appellant and learned Additional Government Advocate for the State of U.P. and learned counsel for the accused-respondents and perused the lower court record.

(3.) From the perusal of the record, it reveals that the FIR of the case has been lodged by Rajmani, father of the deceased, who has mentioned in report exhibit-Ka-1 that his son Suresh Yadav @ Gappu was slept in his room after taking dinner. In morning when the ladies of the house came out of the house for the purpose of easing themselves they saw the dead body of Suresh. From the First Information Report, it reveals that some unknown persons committed the murder in the night of 15th March, 2006 and after seeing the dead body, FIR was lodged with police on 16.03.2006.